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Mediation – An Overview

December 2nd, 2011 No Comments   Posted in Mediation

Mediation is a process that deals with resolving problems, one of the main aims is to come up with alternative resolution which all the parties involved are happy with. Mediationallows people to keep their problem out of court which can save time and money. It is a very private affair. Mediation can be used in a wide range of disputes from divorce, child maintenance, debts and in the workplace.

The mediation process will involve a trained mediator who works with the parties involved in the dispute to come up with a result which they are all happy with. If the parties involved have a great deal of ill feeling toward each other, it is up to the mediator to try and get the parties back on civil terms. This can require a great deal of skill and sensitivity in some cases. A mediator will not take sides or make their own opinions on the situation but will encourage each party to make compromises in order to come to a final decision.

There are usually 5 stages of mediation;
The initial meeting
Meeting with the other party for the first time
Joint mediation
Conclusion
Post mediation

The mediation process is a lot quicker than going through the courts, family matters regarding children will normally take 1-3 sessions and matters involving money will take around 4-6.

There are many advantages to mediation. One of the main advantages is that it puts the end result in the hands of the people involved, instead of leaving the final decision to a judge. This means that both parties can gain something from mediation. Another benefit of mediation is that nothing discussed during the process can be used in evidence if a decision is not made and they decide to go to court, unlike if they had been using solicitors, anything said could be used against them. There is usually a much more free dialogue in mediation and both parties can talk about the result they want without fear of it being used against them. The mediation process is also a lot less stressful than going through court. Court can often end up being aggressive and result in relationships being irreversibly broken, where as with mediation, it can be possible to retain a civil relationship after the process.

Unlike court, it is possible to work out exactly how much the mediation process will cost. In the first mediation meeting a number of sessions should be discussed and the overall cost of each session should be secured. This means that the mediation process cuts out the fear of unexpected legal fees which can sometimes amount to thousands of pounds. Mediation sessions cost from 150-1200 depending on the dispute. Mediators normally work on a sliding scale so if you have a low income you may be charged less.

I am a legal writer covering advice on topics of law, including the mediation process, for further text and similar works visit mediation or contact a solicitor today.

For more legal advice and information, and free legal resources visit lawontheweb.co.uk.

Loan Dispute Mediation

December 2nd, 2011 No Comments   Posted in Mediation

Article by Joffrey Long

While opinions differ on the percentage of loan workouts that wind up in default, there’s no question that a large number of them do. Foreclosure often leads to disputes, which lead us to mediation. Mediation, which should not be confused with arbitration, (FN1) is simply a formalized attempt by the parties to resolve differences, with the assistance of a skilled third party negotiator. Mediation can be brought about by a contractual agreement (that originated prior to the dispute) or by mutual agreement when a dispute arises.

First, why mediation? There are some key benefits aside from the obvious avoidance ofcostly and time consuming litigation. Mediation is privileged by statute in California. Therefore, the parties can speak freely in mediation, without risk that their statements can be held against them in potential later litigation.

You may not be able to go to trial in some courts before there has been a mediation or other alternative dispute resolution (ADR) procedure. More often than not, the ADR process doesn’t occur until the eve of trial. A better strategy is to take the initiative and have mediation or other ADR procedure at the beginning of the conflict, rather than on the eve of a trial.To maximize your ability to avail yourself of mediation, consider placing a clause in your loan agreements that requires the parties to mediate in the event of a dispute. Some pre-printed forms in related industries contain mediation clauses (FN2).

With an existing loan where there is no provision for mandatory mediation, it will only occur through a mutual agreement of the parties. Consider having a discussion with the borrower or borrower’s counsel suggesting mediation, and pointing out that a court may require mediation as a condition of ultimately proceeding to trial. The cost of mediation is customarily split between the parties. Where the borrower is unable or unwilling to advance their share of the mediation cost, consider advancing their share of the cost and adding it to the loan balance, or simply paying their share of the cost, in the interest of avoiding higher litigation costs later on.

As with clearly defined “protocol” arrangements, mediation may benefit you by avoiding or reducing the high cost of litigation, and in actually resolving certain problems or differences between you and the borrower. A huge additional benefit in today’s pro-borrower, pro-modification, anti-lender environment, exists in your showing that you went to further efforts to attempt to help the borrower retain their property.

FN1: Mediation is an formalized attempt to resolve disputes, in the presence of a trained negotiater/mediator. There are no resolutions or decisions imposed by third parties, as in arbitration proceedings. With arbitration, the parties are bound to accept the findings of the arbitrator.

FN2: The California Association of Realtor’s (CAR) pre-printed purchase contract form contains a mediation clause..

Joffrey Long provides mortgage lending and real estate advice and insight for homebuyers, real estate investors and investors in mortgage loans. He’s a mortgage lender and real estate investor himself, and has been in the industry for 34 years. He’s also called upon to testify as an expert witness in mortgage related litigation matters.










Mediation – Family Mediation

December 2nd, 2011 No Comments   Posted in Mediation

Article by Chris Gyles

Mediation is the most appropriate way of resolving family disputes that may have occurr after a separation or divorce. Through mediation former couples can gain help and advice to find their own solutions to their conflicts or disputes. Mediation in family disputes does not just function for for couples after separation or divorce, it helps with all kinds of family problems. These can include; a parent and child dispute; disagreements over care of elderly or terminally ill relatives; issues about grandparents contact with grandchildren; or homelessness that was caused by family disputes.

Both parties in the family dispute can explain their concerns and needs to each other whilst being witnessed by a fully qualified family mediator. Mediators are a neutral party, they are on nobodys side. Mediators are selected to be helpful to both parties of the conflict, unlike a solicitor who would work for the party that has employed them. If a case does not seem to be moving very fast, the mediator can suggest many ways of solving a problem to help the parties reach an agreement which would be seen as an acceptable option to both parties. Although, just to clarify, a mediator can never tell the parties what to do in any circumstance as the parties supposed to be the ones controlling the mediation.

The mediator will provide information about the law in relation to the family dispute. But, mediators are unable to provide advice about what to do to resolve the conflict, this should be entirely up to the parties. Before mediation is started, it would be advisableto contact a family solicitor to provide some general legal advice in relation to the dispute to give you a better idea about the law and what your rights are. A solicitor would be able to aid you during the mediation process, a fully qualified solicitor could be hired as a mediators advocate. This would mean that the solicitor can assist you before and inbetween sessions with the mediator. Once a settlement has been reached they would be giving you that peace of mind that the outcome is fair for both parties.

Mediation is a highly successful and positive approach to resolve disputes that may have been caused by a separation or any other family dispute. Mediation saves time and money as it allows the parties to reach a settlement outside of the courts, where a judge would decide the outcome. Family mediation mainly focuses on divorce cases, such as; grounds for a divorce and what will happen with the children, how the management of shared care of the children will be handled. Mediation will often help decide how the family assets will be divided, how financial support for family members will be arranged and managed.

I am a legal writer covering advice on topics of law including alternative resolution disputes, for further text and similar works visit family mediation or contact a solicitor today.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.










Consider Co-Mediation for Divorce

December 1st, 2011 No Comments   Posted in Mediation

Article by Brian James

Couples filing for divorce should be aware of a new service called co mediation. In a traditional divorce, both husband and wife hire a divorce attorney. Couples are encouraged to fight for what they want with a divorce attorney. And the result is a divorce process that takes months or years to complete.

A service called mediation offers relief for divorcing couples. With the help of a mediator, the divorcing couples can sit down together, make a target list of issues like finances, division of assets, and child visitation and work towards reaching an agreement on those issues. By creating a safe, neutral environment where each person can be heard, it allows you to put destructive feelings aside and focus on finding a solution that works for both individuals using divorce mediation.

Mediation in general is used to work through issues between divorcing couples before going to court. In many states the judge recommends mediation before going to trial to insure that all issues of finance, child custody, and other concerns have been agreed up previously as to not make the court proceedings drag on. Since mediation is usually less expensive than working this out at trial, it makes financial sense for mediation agreements to be worked through prior to the actual dissolution of the marriage in court.

Now, a service called co-mediation offers some advantages to making the family mediation process more more quickly and easily. In a co-mediation service process, two mediators work together to help a couple resolve issues. Having two mediators makes it easier to hear and see all sides of an issue. Additionally, when two mediators work together in a co-mediation team, there is more creativity and strategy to pull from in creating win/win solutions. Another aspect is that each divorce mediator pulls from a different set of life and work experience allowing for additional insight and perception of the situations. Maybe the women is more open with another women and a man may feel more secure working with a male counterpart during mediation. This type of mediation can make mediation a more agreeable way to work through issues before going to court.

Many couples have found that having a man and woman working together on mediating an issue during a divorce offers two points of view. It may help ensure there are fewer post-decree issues and court appearances. With less fighting, you can process your divorce and get on creating a new life for yourself.

Brian James is an experienced Divorce and Family Mediator with offices throughout Chicagoland and Southeastern Wisconsin. Brian earned his B.S. in Sociology from Northern Illinois University in 1994 and completed training in Mediation and Conflict Resolution at Northwestern University. For more information please visit Brian’s website, http://www.celandassociates.com or give him a call at (312) 524-5829.










7 Easy Steps to Become a Mediator

November 30th, 2011 No Comments   Posted in Mediation

Article by Tanya L. Haggins

Introduction: Defining Mediation Mediation is a process in which a third-party neutral assists in resolving a dispute between two or more other parties. Mediators are those who do not take one side or the other and who help people to resolve their disputes outside of court. People often use mediators when you wish to preserve their relationship. A mediator may offer suggestions, but resolution of the dispute rests with the parties themselves. Mediation proceedings also are confidential and private. If the parties are unable to reach a settlement, you are free to pursue other options. The parties usually decide in advance how you will share the cost of mediation. In order to get started in this wonderful career follow these easy 7 steps:

1. Determine who you are and what you like You should first discover who you are and what professions would suit you. The Keirsey Temperament Sorter II

Is Mediation a Good Professional Career to Consider in 2011 and 2012?

November 30th, 2011 No Comments   Posted in Mediation

Article by Craig Simons

In this time and age where disputes are hard to pass by, the need for a mediator is slowly gaining popularity. To seek or not to seek a mediator is no longer the question, but seeking the best mediator in the market is, A mediator is trained personnel whose work is to bring two disagreeing groups families or companies to an agreement and at the same time maintaining the integrity of the different parties. The need for mediators is becoming more pronounced now as the courts are getting bloated with unheard cases being backdated from several years ago.

The cost of defending oneself through legal proceedings is becoming quite expensive and people are running for the help of a mediator. Unlike in the past few years where mediators were learned personnel in the profession like the retired judges or lawyers, nowadays that is slowly fading away. Even those who do not possess legal papers or qualification are opening up mediation centers. The basic learning on mediation is found from mediation centers coupled with high integrity and motive behind ensuring that the clients

Mediation Compared to Litigation

November 30th, 2011 No Comments   Posted in Mediation

Article by Braxton Douglas

Through countless movies and television dramas most people are familiar with the glamorized process of litigation. We have all seen the hopeless case that the plucky young attorney takes against all odds and through a combination of skill, luck, moral superiority and unrelenting determination prevails against the forces of corruption. What is really miraculous is that the case resolves itself in 30 minutes, 1 hour or 2 hours 30 minutes depending on the length of the drama. If only real life worked this way.In real life litigation is a grueling process that subjects the litigant to enormous financial and emotional pressure. Cases can grind on for years. In point of fact, unless the amount in controversy is approaching one-half million dollars, it is very difficult to justify the expense of litigating that particular problem.A form of alternative dispute resolution that has become increasingly popular since the 1970s is mediation. Mediation is the process where a third-party non-decision-making neutral assists parties who are already involved in a dispute by facilitating their communication with the goal of having the parties reach a voluntary amicable resolution of their conflict. The aim of mediation is to assist parties in reaching an agreement that satisfies all participants. A mediator has no authority to make decisions with regards to the future of the parties. A mediator is there to help the parties more effectively communicate with one another. A key role for mediators is to explore and encourage creative options for resolutions from the parties. Mediation is a broad concept that encompasses a variety of topics. Mediation is not just found in the legal realm, it is a process that is also used in the workplace, in schools, and churches. Mediators

Mediation – What Is Mediation?

November 30th, 2011 No Comments   Posted in Mediation

Mediation is an alternative to litigation and is probably the most popular form of alternative dispute resolution (ADR). Attending court through litigation can be a extremely expensive, time consuming and stressful, it can sometimes take more than a few months, sometimes even years. There is no complete certainty that there will be a favourable outcome for either of the parties. The majority of the time, what each partiy are hoping to achieve is near enough impossible to do through litigation. But, during mediation, the parties can point out their key issues and interests and because mediation is a flexible process, it allows parties to come to imaginative and comprehensive agreements.

As a form of alternative dispute resolution, mediation is the quickest and most financially effective way of obtaining an decent agreement between both parties. It is being used more and more by people who want a solution to their disputes. The mediators main aim is to find that agreeable solution for which both parties are happy, which then leads on to a finalising settlement, ending any potential need for the parties to attend court. Both parties would choose and accept the mediator, who is therefore completely impartial to either party. Prior to mediation the appointed mediator will require details of the case from the party’s legal advisers to ensure that they are completely up to date with the case and briefed fully, having understood both parties’ issues.

The process is completely confidential, which is a bonus when avoiding any unwanted publicity that could occur if a case is taken to court through the litigation process. Any agreements and settlements that are made during mediation will not set legal precedents for future disputes with the same or a similar situation. If the mediation is unsuccessful and the dispute has to go to court, any concessions made during the mediation process will not be accounted for in court as the mediation was completely confidential.

Both parties will have the support and assistance of the appointed mediator as well as their legal advisers throughout the mediation process. This will allow the parties to discuss the dispute at hand, negotiate appropriately and hopefully move towards a solution, all the while in a safe and confidential environment where nothing that the parties say or do will effect their case or the decisions made in anyway. This will even the case if an agreement cannot reached and court action is required. Mediation is a highly regarded process nonetheless. The courts encourage parties more often to use mediation as an option instead of going straight to court.

I am a legal writer covering advice on topics of law including mediation, for more legal advice and information visit Mediation or contact a solicitor today.

www.lawontheweb.co.uk.


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Mediation – Family Mediation

November 30th, 2011 No Comments   Posted in Mediation

Mediation is the most appropriate way of resolving family disputes that may have occurr after a separation or divorce. Through mediation former couples can gain help and advice to find their own solutions to their conflicts or disputes. Mediation in family disputes does not just function for for couples after separation or divorce, it helps with all kinds of family problems. These can include; a parent and child dispute; disagreements over care of elderly or terminally ill relatives; issues about grandparents contact with grandchildren; or homelessness that was caused by family disputes.

Both parties in the family dispute can explain their concerns and needs to each other whilst being witnessed by a fully qualified family mediator. Mediators are a neutral party, they are on nobodys side. Mediators are selected to be helpful to both parties of the conflict, unlike a solicitor who would work for the party that has employed them. If a case does not seem to be moving very fast, the mediator can suggest many ways of solving a problem to help the parties reach an agreement which would be seen as an acceptable option to both parties. Although, just to clarify, a mediator can never tell the parties what to do in any circumstance as the parties supposed to be the ones controlling the mediation.

The mediator will provide information about the law in relation to the family dispute. But, mediators are unable to provide advice about what to do to resolve the conflict, this should be entirely up to the parties. Before mediation is started, it would be advisableto contact a family solicitor to provide some general legal advice in relation to the dispute to give you a better idea about the law and what your rights are. A solicitor would be able to aid you during the mediation process, a fully qualified solicitor could be hired as a mediators advocate. This would mean that the solicitor can assist you before and inbetween sessions with the mediator. Once a settlement has been reached they would be giving you that peace of mind that the outcome is fair for both parties.

Mediation is a highly successful and positive approach to resolve disputes that may have been caused by a separation or any other family dispute. Mediation saves time and money as it allows the parties to reach a settlement outside of the courts, where a judge would decide the outcome. Family mediation mainly focuses on divorce cases, such as; grounds for a divorce and what will happen with the children, how the management of shared care of the children will be handled. Mediation will often help decide how the family assets will be divided, how financial support for family members will be arranged and managed.

I am a legal writer covering advice on topics of law including alternative resoltuion disputes, for further text and similar works visit familyl mediation or contact a solicitor today.

For more legal advice and information, and for free legal resources visit lawontheweb.co.uk.

Types of Mediation

November 29th, 2011 No Comments   Posted in Mediation

Article by Craid Simons

For disputes that need to be settled, the parties usually go to a mediator. Mediation, therefore, is a process there is an involvement of a third party, in this case the mediator that aims to provide to resolve the conflict between two or more parties. However depending on the parties involved, there are different kinds of mediation that a mediator usually uses to resolve a certain conflict. Here are the types of mediation commonly used by mediators of today. The main difference between each type is the amount of control given to the parties involved.Evaluative mediation does not go for the interest of the parties involved but focuses instead on their legal rights. The role of the mediator is basically to hear the different parties’ view on the disputes and tries to fill in the shoe of a judge in a court. He then makes a decision based on what a judge would give in a court trial. A lot of mediators prefer using this method because focusing on legal rights ensures fairness between the parties involve and the terms of the settlement is based on a certain standard. However, the mediators in these cases usually have to be experts in the law and in most cases attorneys are chosen to be become mediators. The mediator will evaluate whether or not the parties should go to court to further evaluate it or just leave it as is because it’s going to be costly.Facilitative mediation focuses on the parties involved and the mediator will just oversee that the process is smooth and fair to both parties at all points of the process. The mediator on this case is not involved in the outcome rather he researches on some points presented and decides whether or not the underlying motivation is fair to both parties. In facilitative mediation, the mediator oversees the process of settlement while allowing the parties involved in solving the issue by themselves.Transformative mediation is just like facilitative mediation wherein the focus is on the parties involved. Basically, the entire process is agreed by the parties including the possible outcome. Unlike the facilitative mediation, the mediator can provide inputs along the process so that the other party will see the other party differently and will recognize the other parties’ opinion, views and interests. Through this “transformation” the process will eventually settle the dispute as the parties involved slowly repair their broken relationship. Because of the nature of transformative mediation, this is usually used on disputes involving personal relationships. In this mediation, the mediator merely guides both parties rather than overpowering the parties involved.Disputes that need to be settled usually happen because of different reasons. The mediator must be able to see beyond the dispute and determine what the real cause of the dispute is. This is important because the mediator will then know what type of mediation to use that can solve the dispute quickly, make the parties involved happy at the end of the process, and possibly patch up whatever relationships that have been broken because of the disputes.

Alternative Law has been appointed as a neutral government internal mediator. We mediate and settle cases for you or your business in your city and town and all across the country . We have a very high rate of client satisfaction, because of the success of our best practices and result driven settlement programs.