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A litigated conflict looked at through the eye of a mediator.
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…)
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.
Although this study raises an interesting point, it is likely not a clear argument that those who choose to divorce are (more…)
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.
The parties agreed to mediate in December of 2010. The initial mediation session was held in February and full resolution was reached within a few months. (more…)
In October of 2010 popular celebrity blogger “Perez Hilton” did an amazing thing. He pledged to change part of his trademark – to stop bullying celebrities through his blog – and he followed through. Perez Hilton stopped bullying and nothing happened. His readership did not decrease. People did not become outraged; for the most part no one seemed to notice. Which is fine – and supports the idea that bullying is not always purposeful and is a behavior that is appropriate for intervention. (more…)
Employers and human resource personnel often find themselves trying to reasonably accommodate the needs of disabled employees under the Americans with Disabilities Act (ADA).
Unfortunately, for many employers, the concept of ADA accommodation can be a controversial topic. (more…)
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.
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Additional Reading
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A CFR Mediation Coordinator is available to answer any questions that you may have about parenting, child custody, or adoption mediation. Contact us for a free no-obligation consultation.
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).
It is not clear that the case was mediated, however it serves as clear example of a mediated solution that ends the potential litigation in a sexual harassment and discrimination case.
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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.
Conflict Resolution Month: What a great idea! The North Denver Tribune featured an article on September 19, 2010 regarding it being Conflict Resolution Month in Colorado*. Designated so by the governor and the state legislature, the purpose of Conflict Resolution Month is to alert the state’s citizens about the positive options for managing conflicts and to draw attention to the resources available for dispute resolution.
What a great way to call people’s attention toward the myriad of options they have in taking control of their difficulties and resolve their conflicts in a way that leaves them feeling satisfied with the outcome. All too often, individuals consider their options when it comes to a dispute as binary: litigate or live with it. This absolutely does not have to be the case, and Colorado has the right idea in drawing statewide attention to all the options one has to resolve their conflicts.
Be aware of your options. Of all the forms of alternative dispute resolution, Mediation allows the parties the most hands-on conflict resolution experience. Mediation brings the parties to the table to get to the core of their disagreements with the assistance of the neutral mediator. The Mediator does not judge you, nor do they take sides, but rather works with both parties to help them come to a mutually acceptable decision that, through give-and-take, gets all parties to an outcome they desire and feel like they crafted.
While it may only officially be Conflict Resolution Month in Colorado; let their reminder serve to keep you aware of your options when life leads you to conflict – keep in mind the natural resolution choice: Mediation.
*(http://www.northdenvertribune.com/2010/09/celebrate-conflict-resolution-month-in-colorado/)
