http://www.facebook.com/pages/CFR-Mediation/271140287576By their very nature, family owned and operated businesses are breeding grounds for conflict. Problems arise in the fact that, in many instances, the business brings together several family units and spans multiple generations. Having just gone through the holiday season, the memories are sharp of frustrating family politics and conflicting viewpoints. While these may result in some uncomfortable moments during the holiday family meal, these same issues can result in tremendous problems and obstacles in the business setting. Additionally, because it is “family”, those involved are often reluctant to acknowledge that any issues the business may be having might be due to family related strife – they are unwilling to identify this day-to-day behavior as conflict. But, it is indeed conflict, and need not be accepted. Rather, it can be mediated with the help of a neutral mediator, who can help sort out these issues and help everyone put the business’s interests first. (more…)
Posts Tagged ‘Solution’
Mediation: The Right Prescription for Medical Malpractice Disputes
Thursday, December 16th, 2010When 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…)
Medical Malpractice Mediation
Wednesday, September 29th, 2010Of 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.
Money Matters: Divorce Mediation for High Net-Worth Individuals
Thursday, September 23rd, 2010One of mediation’s most praised qualities is the fact that it is an incredibly cost-effective option in contrast with traditional litigation. Although cost may not be a pressing concern for high net-worth individuals, mediation offers many attractive features that make it the ideal route for high net-worth divorces.
Likely the most salient concern high net-worth couples may hold is their privacy. When litigating, your marriage goes public. As there are a large amount of assets at stake, you and your spouse’s history is all evidence and will become public record. In extreme cases, this can become an embarrassing public circus. Conversely, the mediation model avoids the spectacle of a divorce trial, allowing all parties to work out the details behind the scenes and obtain a civilized divorce.
Additionally, divorce can be bad for business. Oftentimes, high net-worth individuals reached that position through business ownership. If the business is publicly traded, it may cause apprehension among investors if they see a pending divorce that includes business assets as part of the anticipated decree on the prospectus. Choosing to mediate offers the parties options to manage this sort of outcome. Sitting down with a neutral mediator can facilitate a dialogue between the parties and can help craft an agreement that is in the best interest of both spouses and causes the least long-term damage and embarrassment.
While these concerns may especially affect high-net worth individuals, there is no reason why every single person considering divorce cannot benefit by the features that divorce mediation has to offer. We all hold our privacy near-and-dear to our hearts and utilizing private mediation can keep our private affairs just that. In the big picture, mediation is the natural way to resolve disputes. Through the assistance of the neutral mediator, working together with the other side, and having substantial input on the ultimate solution the parties come to give individuals a feeling of satisfaction with the outcome of the mediation. Unlike in litigation where parties are ultimately “told” what to do, in mediation, they “decide” what to do – the control is all yours. People with high net-worth, to people with few-to-no assets can all benefit from mediating, rather than litigating, their divorce.
Be an Early Bird Mediator!
Wednesday, September 1st, 2010It is hard to escape the clichéd expressions that swirl about in our daily media consumption, but using another to drive home this point is, in the author’s opinion, well worth it! The early bird catches the worm!
What does this have to do with mediation? In short – everything. Mediation is the ideal choice for dispute resolution as it saves time, saves money, and brings people together to solve their differences rather than participating in the adversarial and drawn out litigation process. In many instances, parties wait until they have already begun the litigation process to try mediation. This is a waste of your time and your money. Try mediation right away!
Choosing to mediate is cost effective as for an amount substantially lower than traditional litigation the parties come together early on in their dispute to work together to come to a solution that everyone can agree on. The CFR Certified Mediator is trained to assist you in fleshing out which details are important and finding a path that all parties can travel down.
In the rare event that you absolutely cannot come to an amicable solution with the other party, you can always turn to litigation at that point. But why do it first? Choosing mediation gives you the chance to solve your differences quickly and inexpensively. Beginning litigation, then considering mediation draws out the time-frame and your expenses. Be an early bird and hopefully your caught worm will be a peaceful and positive resolution to your dispute.
Money in Your Pocket: The Savings of Mediation vs. Litigation
Friday, June 18th, 2010Once of the largest downfalls in taking disputes to court and litigating them in the traditional fashion is the high cost associated with the process. All too often, parties feel the doors of justice are simply not open to them due to cost strictures. Be they neighbors who require assistance with a property boundary dispute, a divorcing couple with a tight budget, or a small business struggling to get by, the expense of a legal solution should never prohibit the service of justice. Mediation offers just such a cost-effective solution and can bring about a resolution to parties’ conflicts in an efficient and equitable manner.
Simply put, the cost of litigation is exponentially higher that the cost of mediation. For example, Susan Zuckerman in the May-July 2007 edition of the Dispute Resolution Journal presented a construction litigation hypothetical to a panel of experts. Based on their review, litigation of the matter would cost a whopping 50% more than mediation of the same dispute.
In a 2005 report by the American Intellectual Property Law Association, they revealed the average cost of patent litigation ran $2,000,000, trademark litigation ran $700,000, and copyright litigation ran $440,000. These costs are attributable to the adversarial proceedings of a traditional lawsuit. Each attorney involved is creating and responding to documents and a high billing rate, usually for years. Compared to mediation, where parties can come to the table and work with each other to resolve their conflict, it is clear to see where the ultimate savings come from.
Divorce is a type of conflict that is perfectly suited for mediation. The cost of a traditional litigated divorce runs anywhere from $8,200 – $60,000 with an average cost of $20,000 per spouse. This cost can be exacerbated by the adversarial system where parties may move apart merely to “win” rather than work together to a resolution. The high cost of divorce litigation can ultimately threaten the financial security of both parties that will, in the end, leave them in dire financial straits rather than leave them with a workable solution created and agreed to by the parties themselves.
Money is not the only “cost” associated with litigation. Time is also a large factor. The litigation trajectory includes much more time for paperwork, discovery, writing and responding to motions, depositions, and the overburdened schedule of the courts. Mediation facilitates the parties working toward a workable solution from day one without unnecessary posturing and expense. Your time, as well as your money, is valuable. Considering these things; mediation is the clear choice for dispute resolution.
So Simple; So Natural: Mediation
Tuesday, June 1st, 2010From 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!
