It is not uncommon for us to get calls or inquires from those who have been injured or suffered as a result of medical malpractice. They are looking for a means to resolve the issue without going the traditional route of getting an attorney. Their reasons for calling a mediator vary, but all appear to be looking for resolution to an ongoing issue where they have been wronged, hurt, or otherwise injured. (more…)
Posts Tagged ‘attorney’
Most divorcing couples find that they are in a period of high conflict. Some have experienced constant arguments and fights for months or years; some are reacting to a sudden change of heart.
Regardless of the circumstances and presentation, conflict between divorcing partners exists and is often seemingly impossible to navigate. Most often impending divorce results in a traditional type of intervention: retaining attorneys and asking them to resolve the issues, however divorce mediation is a better option for the vast majority of couples and families. (more…)
Everyone, at some point, ends up in a conflict with someone else. And, despite what it may seem like at the time, no one likes being personally involved in a heated dispute with another person or entity: if the outcome did not matter the conflict could not really exist as it would no longer be “fed” by the disputants.
Conflicts come in all shapes and sizes – from those that cannot really be addressed to those that must be addressed. Although it may not seem that there is always an option, choosing how to respond to the dispute can have a significant affect on the outcome. (more…)
Divorce is a difficult process. Regardless of the reason behind the break-up, the process of formalizing the divorce is often upsetting both emotionally and logistically. The logistical process of the relationship separation can trigger and aggravate the emotional issues involved. In cases where at least one person identifies a triggering event for the break-up of the relationship, the emotions involved can make a peaceful efficient resolution of the issues almost impossible without involvement of divorce professionals. (more…)
Many of the mediation blogs out there and entertainment news reports have been abuzz with the news of the premier of the new television program “Fairly Legal”. The show, on USA Networks, centers on the life of an attorney disenchanted with the traditional litigation approach and instead exercises the power of mediation to bring about resolution for her clients. Whether the show is ultimately a success or not is really not important, but rather the shot in the arm the attention it garners will give to mediation nationwide is the shining point. (more…)
“I’ll see you in court!” It is practically expected that if a conflict is to be resolved it will resolved in the courts. Litigation: both sides retain legal representation: the lawyers fighting things out, each side working to win and making the other side lose.
Litigating (going to court) is an adversarial process where each attorney or lawyer is charged with achieving the best result for an individual client. Not all litigated cases end up in trial, however the adversarial process of litigation starts long before a trial occurs.
An attorney, acting as legal counsel, is tied to one person and is ethically bound to place their needs/wants of his or her client over those of the other party. This automatically creates a heightened level of conflict, which drags the resolution process out, increases the costs, and takes much of the control of the process and the outcome from those actually personally involved in the dispute.
Too often, the traditional litigation process makes everything a bargaining point. Parties in conflict going through litigation are encouraged to think in terms of “yours and mine”, versus focusing on means to resolve the dispute and move forward. For example, in divorces and custody disputes, parents may find that holiday time with their kids become a “card to be played” to increase financial support or speed up the process of dividing property.
In addition to the increased discord that occurs in the litigation process is the increase in financial and other costs. It is not unusual for disputes that seem at the onset fairly simple to escalate into thousands of dollars. There are non-monetary costs as well.
There are, of course, some instances where litigating or turning to lawyers is the best choice. However, in general it should not be assumed that “taking someone to court” is the best way to solve whatever conflict arises.
When many think of a divorce - attorneys and the accompanying full treatment of discovery, depositions, and divorce court come to mind. Fortunately, however most couples are able to go their separate ways in a far more peaceful and positive manner.
Seeking to divorce without attorneys is not for everyone, and many who mediate or otherwise resolve the terms of the divorce and custody agreement/parenting plan, choose to consult with a divorce attorney to ensure that their rights are being protected. The legal term for divorcing without an attorney providing legal representation is to file pro se, which in Latin means appearing before the Court on your own behalf.
However, the process of divorcing is an emotional one. This is only compounded when there is marital property to be divided or children to be considered. Having to make these tough, emotional decisions creates significantly more complication and stress. Some couples are able to sit down informally and talk, but often this is not possible to do without triggering anger and stress. However, even these couples can divorce without attorneys.
When couples find that they are unable to resolve the terms of the divorce settlement on their own, a professional divorce mediator can often resolve the issues – as opposed to automatically turning to divorce attorneys. Mediation ensures that divorcing couples completely work out the terms of their split in as peaceful and positive manner as possible. Even in those cases where couples are able to work through issues, meeting with a mediator ensures that all issues related to the divorce settlement and custody agreement (parenting plan) are addressed in a thoughtful purposeful manner.
Mediation can be especially useful if you are divorcing without attorneys, because mediators encourage agreement rather than conflict. The mediator is not on anyone’s side. There is rarely an attorney in the room during the mediation, and only if both parties agree. Mediation can be a way to balance the scales, and efficiently and effectively work through the terms of your divorce, even if one or both of you has talked with or retained an attorney.
Divorce can be a messy, costly, drawn-out process, or it can be a peaceful and positive division of debts & assets, and when children are present, a parenting plan that works for the children and parents. If you decide to divorce without attorneys, find a method that promotes a positive and complete resolution. Seek services of professionals, such as mediators, divorce financial planners, and other allied professionals to ensure that the outcome is efficient and effective allowing everyone to move forward.
Scott Berman, JD is a professional mediator who pairs his law degree with over 30 years experience in real estate and business. His legal experience gives him knowledge and expertise into law, while his business and real estate background provides perspective as an entrepreneur and master negotiator.
Mr. Berman was recently elected to the Board of Directors of the Southern California Mediation Association (SCMA) and is an active member of several professional organizations and court mediator panels. He has conducted negotiations worldwide with an emphasis on the Asia-Pacific region. Mr. Berman is sensitive to cultural values and international differences and has extensive experience working with Korean, Japanese, Chinese, and Hispanic disputants.
Regardless of the nature of the dispute, his approach to each mediation is to connect with all parties and facilitate a solution that advances the interests of all involved. Mr. Berman sees each case as unique. As a neutral, he strives to understand the position of each party, so that he can better guide them towards a creative, satisfactory and efficient closure to the conflict. His goal is a resolution that everyone agrees to and can live with.
Mr. Berman is an experienced mediator in a variety of disputes including divorce, business, real estate, wills, trusts and probate, construction, predatory lending, personal injury, employment and wrongful termination, as well as other civil matters.
Originally hailing from Wisconsin, Mary Hoeller, graduated from nurses training in 1974 and obtained her BA in psychology from the University of Hartford, in Hartford, Connecticut. She then moved to Pittsburgh, Pennsylvania, gaining her JD from the University of Pittsburgh School of Law in 1982.
After graduating from law school Mary worked as an intern in labor arbitration and handled collective bargaining disputes for the steel workers and coal miners in the western Pennsylvania, West Virginia area. She became the first woman arbitrator on the Weirton, West Virginia Steel Company’s expedited arbitration panel for collective bargaining disputes. Mary next practiced as a staff attorney at a hospital in Pittsburgh. She supervised the defense of all employment discrimination and professional liability claims against the hospital and developed policies and procedures for its human relations departments.
In 1985, Mary settled into her current home and, in addition to her local practice, she has been admitted to practice before the Seventh Circuit Court of Appeals and the United States Supreme Court. Mary has been involved in environmental, asbestos and health coverage litigation, toxic torts, medical malpractice, personal injury and products liability cases. She has represented home builders and other companies, litigated employee disputes, and provided advice in employment related matters. In addition, she represents employees and employers in discrimination cases.
In the last five years Mary specifically turned her attention to Elder Law and the peaceful resolution of disputes, through mediation. She has domestic relations (family and divorce mediation), civil, eldercare, and foreclosure mediation training. She has written published articles on facilitative mediation as a model for Elder Mediation. In addition, she has written on the use of mediation in guardianship disputes and has given seminars on Medicaid laws.
Officially participating in a mediation certificate program in 2007, Mr. Taradji immediately chose to join the distinguished mediators already paneled with CFR. Through mediation, Mr. Taradji is able to expand his reach to conflicts of all types, including divorce and other family disputes as well as civil, business, and personal injury cases.
He sees his role as mediator as one of assisting individuals, families, and businesses in creating solutions that work, both in the immediate and for the long-term. “I understand the difficulty unresolved conflict brings, and hope to facilitate a creative solution that meets the unique needs of every case. It is an honor to be the trusted mediator, and each case receives my utmost attention.”
In addition to being a CFR Certified Mediator and practicing litigator, Mr. Taradji has been sworn as an arbitrator for the Circuit Court of Cook County.