A couple purchased a used 2006 Ford Explorer from an established dealership. At time of purchase the couple report they noticed a slight odor but that it was not significant enough to affect their purchase decision. However, over the following 3 months the couple reports that the odor increased (more…)
Posts Tagged ‘Found In the News’
A recent study by Linda Waite, PhD with the University of Chicago Department of Sociology, asserts that divorce has a profound negative impact on the health of those whose marriage ends – just as the death of a spouse has on the surviving spouse.
Georgia megachurch leader Bishop Eddie Long and the four young men that filed suit against him for sexual misconduct have successfully reached a settlement through mediation.
Over the weekend, the adoptive parents of Grayson Vaughn drove the 3 year old to his new home: That of his biological father, Benjamin Wyrembek.
This story first hit the news earlier this month when an Ohio Supreme Court ruled that the adoptive Indiana family, the Vaughns, were to turn the child over to his biological father who had sole and permanent child custody. The Vaughns refused, but then agreed to participate in mediation with Benjamin Wyrembek.
Due to the confidential and private nature of mediation it is not known what was discussed or how willing either side was to participate in creating a win-win resolution. However the Vaughns are reporting that mediation was not successful.
Unfortunately, this child custody battle had been going on for all of Grayson’s 3 years of life. Mediation, if entered into willingly by both sides earlier in the dispute may have been a much different process – similar to other parenting and child custody cases. However, mediation does not appear to have been tried except as a last resort; three years into a highly contested legal battle that has already been completely litigated with final judgment rendered. As a result, the mediation dynamic is irrevocably altered and the emotional positions of either side are going to be extremely difficult to set aside so that the shared interests can be addressed.
In addition, at the end of the litigation process the case was thrust into the public eye. Did the news coverage impact the mediation process? As outsiders we can be so quick to form an opinion exalting some and villainizing others. The knowledge of supporters to a side or stance can negatively impact a person’s ability to participate in the creation of a positive resolution. We can never know what, if anything, would have been different about the outcome of mediation had it been engaged earlier in the process and/or without the news coverage of the child custody case.
What we can do is know that, based on previous cases, Grayson will be OK: he is not destined to be traumatized by this process. In addition, we can promote the use of mediation earlier in the process, before the conflict resolution process (litigation) polarizes the sides making a win-win solution virtually impossible.
- Mediation = Agreement
- Desired Outcomes in Mediation
- We Can’t Talk, How Can We Mediate?
- The Problem With Litigation
- Role Of Emotions In Conflict
- Parenting & Child Custody Mediation
Erin Johnston, President of CFR, had the honor and privilege to be approached by Jean Murray, the editor of the US Business Law & Taxes Guide on About.com to answer some questions about mediation, the mediation process, and CFR Mediation. Mediation is the best, and sometimes the least known process, to bring disputes to an effective and efficient win-win solution.
Most disputes can be mediated including divorce, family, business, civil, and workplace conflicts. Most disputes can be mediated quickly, economically and without the headaches and pitfalls associated with litigation.
Since so many do not know about the mediation to settle disputes, the first question seems to be the most important one:
What is mediation? Mediation, a type of alternative dispute resolution (ADR), is a method of resolving conflicts in which individuals or groups in conflict meet with a neutral person (mediator) who assists them reach an agreement that resolves the issues in conflict.The mediation is a confidential voluntary process, where all agreements are reached by those most impacted by the conflict and the outcome. Mediated solutions are typically seen as “win-win” solutions to conflicts or disputes. Furthermore, as the disputants reach all agreements voluntarily, mediated agreements are generally considered binding.
Checkout the entire article here: Mediation – A Business Dispute Process You Should Know About.
Sony and a former employee have settled a sexual harassment case to the mutual satisfaction of both parties. in the settlement the former employee, who had complained about harassment due to being gay, will receive a cash payout of $20,000 from Sony and any potential employers will receive a neutral recommendation as to his employment with the organization. In the settlement Sony admitted no wrongdoing (In fact Sony did attempt to intervene and has written policies prohibiting such harassment and discrimination).
- You Don’t Have to Live WIth Workplace Conflict
- The Problem With Litigation
- Workplace Mediation
- Meidating Sexual Harassment Claims
- TIps For A Successful Mediation
Of all personal injury type cases, medical malpractice cases can be the most expensive and time consuming to take to trial. The litigation process in medical malpractice matters call for extensive record review and the opinions and testimony of expensive medical experts. In an effort to bring a speedier and more cost-effective resolution to medical malpractice claims, Connecticut has passed a statute requiring that all medical malpractice cases be referred to a 120 day mediation period.
Under Connecticut’s program, the presiding judge in a medical malpractice matter would conduct the first mediation. If the case failed to be resolved at this initial session, the parties could then agree to continue the mediation process. The stated purpose for Connecticut’s programs is to achieve a prompt settlement or resolution of the civil action.
Connecticut’s push for mediation of medical malpractice claims is a concept that can be applied everywhere. The goal of mediation in general is to provide parties with a forum to move ahead with prompt and amicable settlement of their disputes; without incurring the deep expense traditional litigation tends to generate.
Instead of the protracted journey that a medical malpractice claim can be, complete with lengthy and expensive depositions of expert witnesses, and extensive document review, consider mediation up front. Bringing all the parties to the table, with the assistance of a neutral mediator, can result in a swift outcome. Once the parties become engaged in a discussion of the bare facts of their dispute, a solution often becomes clear. Reaching this point at the beginning of a dispute, rather than waiting until the drawn-out litigation process has begun, can result in the parties resolving the claim with a result everyone involved can feel positive about and with a substantial cost savings.