Mediation is a great option for those who find themselves in a dispute, conflict, or disagreement that they are not able to resolve on their own. Choosing a mediator is not always as clear cut as one would think, and parties should do their due diligence before settling on a mediator provider. (more…)
Posts Tagged ‘certified mediator’
Over the past few years there has been a lot of news about the abysmal state of the housing market. These waters have been rough for homeowners and sadly, many have faced foreclosure and ultimately, evictions from their homes. With these problems being such a pandemic, there has been a large amount of media attention given to the mortgage crisis. In the swarm of information we receive in the news everyday, the media consensus generally places the fault of the mortgage crisis on the shoulders of the homeowners, intimating that they bit off more than they could chew in pursuing sub-prime mortgages, and in buying houses they “could not afford”. (more…)
When it comes to medical malpractice, litigation is a grossly ineffective approach to resolving the dispute. Litigation, especially in medical malpractice matters, is a long process, often taking many years to reach an end. Beyond its sheer length, medical malpractice litigation is also incredibly expensive. The costs to all parties in their stress and their time alone is high, even without taking into consideration the gigantic fees charged by expert witnesses in these matters. Another problem arises when a medical malpractice case finally reaches the trial phase. Juries are most often collections of laypeople with little or no medical training or background. Usually, they simply do not grasp the medical issue at hand and the expensive experts seldom adequately educate the jury on what they need to know in order to make an informed decision and award. (more…)
In the realm of conflict resolution, many people simply assume that litigation is their only option. Taking the matter to court is the age-old tried and true method of handling disputes among parties. Litigation can be, and most often is, expensive, time consuming, and emotionally taxing. There is, however, the entire area of alternative dispute resolution that can provide parties with options that can help them resolve their problems and disputes. Among these alternatives, the most common are mediation and arbitration.
While there are substantial differences between the two, most people do not know the difference between mediation and arbitration. Both are alternative dispute resolution techniques, but each one offers a different approach to the end result.
Arbitration is most similar to the traditional judicial hearing approach that most people think of when considering the “traditional” approach to dispute resolution. Arbitration utilizes a neutral third party who acts in a role similar to the judge. There can be one arbitrator or, as is the often the case, a panel of three. When the panel approach is to be utilized, each party chooses an arbitrator and then those chosen two choose the third, neutral, arbitrator. These individual then listen to each party’s side and render a written opinion on the matter. While it does not have to be, the arbitrator’s decision is generally binding (that is, final).
Mediation, on the other hand, generally only employs one neutral party. This mediator does not judge the case, but rather acts as a facilitator for discussion between the parties helping them come to a mutually agreeable solution to their dispute. Even though mediation can be beneficial at any point in a dispute, it is most effective when done right at the outset. This allows the parties to discuss get down to what their actual difference is – and in many instances, the parties find that they are not as far apart as they believed themselves to be when they sat down to the table. While the mediator is not evaluating the legal merits of either side’s claim, the end result finds the parties reducing their decisions down to a written agreement that is then signed and enforceable as a contract. The mediator remains neutral throughout the mediation process.
CFR Mediation offers this type of dispute resolution service. By choosing to mediate your dispute with CFR Mediation, you will benefit from the expertise of a CFR Certified Mediator who will help all parties reach a decision that resolves their dispute with a plan that they created. Of all the alternatives to litigation that parties can, and should, choose, mediation offers the approach that is most natural and gives parties the most hands on approach to making the decisions that will steer their destinies.
You have gone through the trauma of being in a car accident. Your car – likely one of the most expensive items you own is damaged, or worse, totaled. Thankfully you have insurance to cover the damages and get you back on the road – little worse for wear. Unfortunately, after the insurance company adjuster visits your home or the auto body shop to evaluate your vehicle, the payout might be significantly less than you expected.
While this result is certainly frustrating, it should not be wholly unexpected. The adjuster who visits on behalf of your insurance company is actually an insurance company employee whose job is to give you a “fair” amount, but by no means the “maximum”. Adjusters use complicated formulas and charts such as depreciation schedules and replacement value versus book value to arrive at their final figures. This valuation does not always measure up to the real-world costs incurred to repair or replace your vehicle. This number is not what you expected when you insured your vehicle.
You are not stuck with this calculation; your contract with the insurance company offers you the right to dispute your claim’s valuation. The first step is an important one: examine your policy closely as there is almost always a rigid time frame during which you may file a claim dispute. In making your request to dispute a claim, you should choose mediation; this will allow you a neutral forum where your valuation will be fairly assessed.
Choosing mediation brings both you and the insurance company to the table in front a neural party. With CFR Mediation, that neutral party will be a CFR Certified Mediator. This mediator is not directly related to you or the insurance company and will be able to take all the facts and help guide both sides through the dispute to a fair outcome of their own design.
When a relationship reached the point where the only step forward is divorce, it is important to remember that you are not the only one whose emotions are running high, feels under stress, and whose life will change drastically in the outcome. Among the very most important things to consider, if not the most important thing, is your children. Sadly, child custody arrangement is often used as a tool for revenge in traditional divorce litigation. But in choosing divorce mediation, you choose a “friendly” divorce in that you sit down and come up with a plan that suits both parties and keeps the best interests of the children up front.
Divorce mediation is not for blame or vengeance. While divorce is a difficult time for all involved parties, and there will be disagreements during the process, the neutral mediator (the CFR Certified Mediator through CFR Mediation) will assist you in working though the hard feelings and help you focus on the conversation that will lead to the decisions that will be the framework for how your family will interact in the future. Doing this in a setting that fosters cooperation and conversation such as mediation can remove a layer of the stress caused by purely adversarial litigation proceedings will evoke. Also, the outcome is, more often than not, more agreeable to the parties as it is they themselves who drafted the plan to begin with. Using a CFR Certified Mediator makes the painful process of divorce much easier in that in a stressful time, when emotions run high, it is helpful to know your CFR Certified Mediator is neutral and not unfairly taking sides.
On July 26, 2010, USA Today ran an article about how going the mediation route and choosing a “friendly” divorce is an appealing option. The article points out that the majority of couples choosing a “friendly” divorce are couples with children. This suggests that the well being of a couples children is more important than any differences that stand in the way of an amicable resolution. In fact, a couple featured in the article summed it up like this, “Instead of us going out and finding the most expensive, meanest lawyer we could find, we sat down together – on the same side of the table – and figured out what would be best for our kids”. Because the parties are coming to the table looking to work out the best solution for everyone, mediation tends to bring out peoples “best selves” rather than their “petty selves”.
How parents interact and handle the kids during the initial separation and early divorce set the tone for the years ahead. Getting off on the right foot can make or break the way you interact with your kids forever. Mediation reduces emotions costs on everyone; it allows all parties to start their new lives on relatively stable ground. These reasons demonstrate why child custody planning is so important.
When sitting down to mediation, it is important to think of as many issues as might come up in the raising of your children. Aim to set up a “Parenting Plan” – a master outline of your individual and cooperative responsibilities regarding the children. Another important decision is where the children will reside; are they going to move back and forth between parents, or alternatively are they going to live in one spot and have the parents rotate in and out. Other things to consider include vacation and holiday schedules and arrangements, education issues, religious issues, sports participation, and medical treatment, to name a few. Whatever the outcome you decide on, and however your “Parenting Plan” comes out, mediation focuses the plan on your thoughts and goals, since, when it comes down to it, you are the ultimate expert on your child.
It has been nearly three months since day one of the environmentally tragic oil disaster in the Gulf of Mexico. News has just arrived that for the first time since the explosion of the Deepwater Horizon drilling rig back in April, the cap placed by BP engineers has successfully stemmed the flow of oil into the Gulf. While this is not a permanent fix, this gives us all (Gulf residents in particular) hope that the relief wells set to be complete in August will hold and be able to contain this unyielding and unprecedented flow of crude into the Gulf. Just as the oil continues to flow, the individuals directly affected by the disaster continue to suffer damages. These individuals must be careful with their choice of remedy for their damages and make an informed decision on how they wish to pursue recovery.
CNN Money reports that Gulf residents are feeling sidled by the fact that “good or bad, BP is the only game in town”. While Gulf fishers have been having a relatively simpler task of demonstrating their losses, other local businesses like restaurants or fishing charters are having a tough time concretely demonstrating losses like decreases in foot traffic or lower numbers of reservations are caused by the oil spill. These small business that are looking at the reality of losing future income from individuals, such as returning tourists. These damages can’t be factored into BP’s hard documentation based claims assessing machine. Businesses that are in this position can make sure their claims are fairly evaluated by opting to pursue their losses through mediation. Resolving your claim in front of a CFR Certified Mediator will circumvent your claim getting sidelined as it will require the parties to come together to reach a solution that is agreeable and fair to all parties.
Kenneth Feinberg, the former chair of the 9/11 Victim’s Fund, has been chosen to act as the BP claim czar. In a recent interview he discussed the limitations he foresees being placed on loss claims. Most specifically, Feinberg is critical of “public perception” losses. He cites, for example, a loss to a beach-front resort that does not have tangible oil damage on their shore, but suffers a decrease in business as tourists are wary of the Gulf shores. These losses, Feinberg degrees, are not going to be compensable. Only the personal attention your claim with get by mediating with CFR Medication will guarantee your loss is evaluated with the personal attention it deserves. With CFR Mediation, you can make sure the outcome is one you agree to.
Additionally, Feinberg has indicated that under his charge, the BP fund will not be interested in any “halfway measures”. This approach forces claimants to make a gamble though, in that claims for losses already incurred will not be paid unless the victim consents to accept an estimate of their future damages and releases BP from all future claims. This is potentially dangerous to go at alone as you risk substantially undervaluing your claim; opting to mediate with CFR Mediation will ensure neutrality and fairness in evaluating your claim.
It is no secret that BP has an incredibly high volume of claims to evaluate. CNN Money detailed BP’s early procedure of distributing initial payments to claimants based on estimates supported by minimal documentation. Most of these payments were uniform. But, now that BP has become stricter with their claim analysis, more than 45,000 claims have been sidelined awaiting “more documentation”. By submitting your claim through CFR Mediation you can make sure your claim is individually and honestly evaluated by BP.
From the grand tables of international diplomacy, to the simple choice of deciding where to eat dinner, cooperation is essential to moving forward in making decisions in our daily lives. Essentially these ordinary interactions, the ways in which we are naturally inclined to relate to each other, are all forms of mediation. So, with this type of behavior being so innate – why not exercise this familiar methodology in resolving our formal disputes?
Too often individuals get mired in believing that the only solution to a problem or dispute is to litigate (take ‘em to court!). This approach can be, and most often is, time consuming and expensive. Leaving it up to overworked attorneys and an overburdened court system can leave you feeling stressed, ignored, and adrift. Fortunately, there exists a viable and realistic alternative that is already effectively assisting individuals, neighbors, employees, businesses, and many others to cater to their dispute resolution needs. Mediation!
Why is mediation so successful? Simple; it is the natural solution. Mediation simply formalizes our intuitive problem solving skills. Through the assistance of a neutral, professional mediator, parties can sit down and get a resolution of their differences in often less than 10 hours (compared to, on average, years of litigation). Unlike traditional litigation where parties ultimately have little say in the outcome, a mediated solution is wholly a solution crafted by none other than the parties themselves. This outcome leaves both parties satisfied with a real, workable solution as it was crafted by them!
CFR Mediation is your ideal source for mediation options. Not only is CFR’s network of mediators a group of professional from diverse educational backgrounds, but they are personally reviewed and certified as CFR Certified Mediators by CFR’s president personally. Also, unlike any other mediation option out there, CFR assigns a Mediation Coordinator to your dispute to guide you through the process and help everything run smooth and efficiently.
So, take control of your fate. Choose mediation and come out of your conflict feeling confident as the solution was crafted and agreed to by you!
When people decide to seek mediation it is because they are unable to resolve a situation on their own. While both sides have to agree to mediate – they also have to agree on the mediator. Sometimes this can be another stumbling block in the resolution process. Was the potential mediator swayed or influenced by the other side? How can those who are not in agreement – agree on an individual to mediate an agreement to the conflict?
CFR Mediation removes this potential barrier from the resolution process. Clients who choose CFR work with a mediation coordinator who, after speaking to both sides, assigns the CFR Certified Mediator that best meets the needs of the participants and the case.
Unlike referral services, CFR Mediation Coordinators work with both parties – in every mediation case – to ensure that the best CFR Certified Mediator is assigned to facilitate the resolution. Clients receive high quality mediation services without having to try to pick someone out from an anonymous list of names.
The Mediation Coordinator assigns the CFR Mediator best for the case, as well as help both parties understand the mediation process, including the costs, and will assist everyone in preparing for the mediation. CFR mediation sessions are generally two hours in length.
Mediating the case starts at the first appointment: issues are clarified, priorities are set, and the process is begun. The mediator is careful to continue to create an informal, cooperative environment, maintaining neutrality at all times.
Between appointments, the parties have time to consider their options and think about what the best decisions might be.
Remember, those participating in the mediation are the ones who actually make the decisions about how to resolve the dispute. Once the mediation is complete, the mediator will write up a Memorandum of Understanding (MU) that both parties sign. The MU details the agreements reached in mediation, as well as continuing areas of disagreement (if any). Those participating in mediation can always have their own attorneys review the MU prior to signing, but that is at the discretion of each client. In general, a signed MU is as binding as any contract.
Contact a CFR Mediation Coordinator for a free no-obligation telephone consultation. We can assist you in an efficient and effective resolution to your conflict.
Dr. Erikson has successfully mediated more than 5000 cases, including divorce, contract, and employment discrimination mediations. A skilled mediator, she has trained more than 500 divorce and community mediation providers in conflict resolution techniques.
Possessing a Master’s Degree in Human Development, and a PhD in Social Welfare. In addition to her work as a mediator, Dr. Erikson continues to mentor PhD coaching students for the International University of Professional Studies and maintain a part-time fulfilling psychotherapy practice. She is also familiar with small business management and can bring that expertise into her professional practice.
Dr. Erikson’s style is direct, respectful, humorous, and persistently optimistic. She values creative solutions and living fully in all areas of life. Her own life transitions have included divorce and successful remarriage, business entrepreneurship, and supporting immediate family members with chronic medical issues. She and her husband Paul have five adult children, and two hunting dogs. She performs with with a the symphony orchestra chorus, and enjoys yoga and active sports like skiing and rollerblading.
I knew I could trust her to lead, guide, speak frankly, and help me see what I wanted to do, how to accomplish it, and what personal satisfaction lay at the end of the road.
Her approach is calm and quiet, yet invigorating.
She truly realizes the importance of intently listening to her clients, and of helping to use their own insights and abilities.