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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.










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.










What Is Mediation

November 28th, 2011 No Comments   Posted in Mediation

Article by Jude Peterson

Are you involved in a legal conflict? Most legal professionals will tell you: If you can’t solve a conflict, you tend to give up or hire a lawyer.

Your client may need to know that often a conflict can be resolved without the costs of court and attendant legal fees. This may be the case in a broad spectrum of cases such as discrimination, or the parent of a special-education student seeking more services from a school.

Attorneys don’t suggest mediation because if you DO choose mediation, the attorney looses your business. Mediators don’t decide who’s right; while judges and juries DO try to decide who is right. Mediators guide a discussion so the disputants can more wisely reach agreement and move on with their lives. Most mediators love their work, helping people beat their swords into plowshares.

Most legal professionals will tell you: If we can’t solve a conflict, we tend to give up or hire a lawyer. However, there may be an alternative to a law suit by using mediation. Mediation offers a process by which two parties work towards an agreement with the aid of a neutral third party. Litigation, however, is a process in which the courts impose binding decisions on the disputing parties in a determinative process operating at the level of legal rights and obligations. These two processes sound completely different, but both are a form of dispute resolution. Litigation is conventionally used and conventionally accepted, but Mediation is slowly becoming more recognized as a successful tool in dispute resolution. Slowly these processes are becoming inter-dependent, as the Courts in some cases are now referring parties to Mediation. In saying this, there are distinct differences between the two processes. Mediation claims to resolve many of the problems associated with litigation, such as the high costs involved, the formality of the court system and the complexity of the court process. Mediation does not create binding agreements unless the parties consent to it, and the Mediator has no say in the outcome. Even though our court system and mediation have increasing connections, they still reflect different value assumptions and structural approaches towards dispute resolution.

Mediators use appropriate techniques and/or skills to open and/or improve dialogue between disputants, aiming to help the parties reach an agreement (with concrete effects) on the disputed matter. Normally, all parties must view the mediator as impartial. Mediation can apply in a variety of disputes. These include commercial, legal, diplomatic, workplace, community and divorce or other family matters.

Often mediators are paralegals in law firms who have gone to a 30-to-40 hour training course in mediation to further themselves professionally in the workplace. Barriers to entry are low, so there are more mediators than there are mediation jobs for a paralegal; at least this is so initially.

Mediation becomes an “additional duty” for paralegals since “full time” mediators do not earn a middle-class income for one to five years. And even to do that, a mediator must embrace marketing by establishing a niche — disputes among postal workers, people of different races, parents and teens. To develop a reputation, you must schmooze with potential referral sources, write articles or give talks on mediation, perhaps write a blog and create a YouTube video to show on your blog. You will certainly find well-connected champions willing to recommend you — list them in your blog! Ironically, success may be more likely in today’s slow economy as people and businesses seek lower-cost alternatives to attorneys to solve their disputes. If you are the type of person who has a gift for establishing trust, generating creative solutions, calming angry disputants, and staying calm amid ambiguity and dissembling, and are willing and able to market yourself, adding mediation to your list of legal skills can be a win-win decision for both you and your clients. With these traits, you can move above and beyond your firm’s salary, and become an independent business person.

Here is an example for a mediator whose specialty is employment mediation: The week before Thanksgiving, Janet had been downsized after 10 years with her company, and she is suing for wrongful termination. In the mediation, her emotions pour out. Not only is she angry that she was let go merely so the company could hire someone cheaper in India, but she has no relatives and has always spent Thanksgiving and Christmas with co-workers. This year, she will be alone. Everyone is moved by Janet’s story, and the company offers her a more generous severance package and a permanent invitation to all company social events. Not thrilled but mollified, she agreed.

It is important to know that anyone considering a career in mediation services should find interest in these articles. The responsibility of anyone involved with arbitration or mediation is to be unprejudiced and unbiased.











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Mediation – Advantages To Mediation

November 28th, 2011 No Comments   Posted in Mediation

Mediation is an alternative dispute resolution (ADR) that can avoid litigation. There many advantages and is highly recommended way to resolve a dispute before court proceedings. If a dispute goes to litigation it can often take a very long time and be quite costly. Mediation will save you time and money. It can be scheduled quickly in just a matter of days which means it will help avoid the hassle and costs of litigation.

Mediation is relatively cheap in comparison to litigation, it usually starts at around 100 per party. The mediation process will usually takes only a few hours to complete and it rarely lasts longer than one to two days. Mediation can keep costs down to a minimum. The average cost for commercial mediation will usually be about 850 for each party, this is very low compared to the fact that you would generally pay a solicitor at least 250 per hour for their help.

One of the brilliant things about mediation is that both parties are able to keep control over the outcome of the dispute without having the need for a judge, jury or lawyers to dictate the judgement or organise the proceedings of the case. The process of mediation would allow both parties to be able to refuse settlements that they disagree with, mediation enables both parties to reach more specified settlements.

As an informal proceedure mediation has no rules of law involved in the process other than the law of confidentiality. This means the experience of mediation for both parties will be far less stressful than having to attend court through the litigation process. During mediation the parties will be able to say what they like without feeling like they may prejudice themselves or their case. The parties are also allowed to bring anyone they wish to mediation and they can bring any documents they believe are relevant to their case.

Many casesthat use mediation are generally due to contractual disputes in relation to existing business relationships. These types of cases are so common in mediation is because the process of mediation allows working relationships to continue after the case has been settled. Unlike parties who end up going through litigation, where it is often very unlikely for working relationships to continue after court. Mediation allows both the parties to come to a fair settlement that is agreed by both of them, which will result in the working relationship to continue.

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

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

Mediation – Mediation and the Law

November 28th, 2011 No Comments   Posted in Mediation

Article by Chris Gyles

Mediation is a form of alternative dispute resolution (ADR) which is a way of resolving disputes between two or more parties. The mediator acts as a third party and assists the parties to negotiate a settlement agreement. Mediators may be able to give their opinion as to what is fair or reasonable in a settlement but this is obviously not something that a party would have to abide by. It is usually the case though when all parties agree to a settlement, the mediator will generally do so as well.

The process of mediation is structured, timetabled and flexibility, it is a private and confidential process which the acting mediator is the key feature to the success of the mediation. Mediation is a voluntary process and there is no obligation to go through mediation.But sometimes settlement agreements signed by the parties will be legally binding.

Mediation processes vary from case to case, the mediator can apply different techniques and dialogues between parties to overcome the dipute, these techniques are open and aim to assist the parties to reach a settlement with definite terms. These factors depend greatly on the mediator’s skills and training as well as experience and expertise. It is important to remember that a mediator must be wholly impartial and non-biased. Parties can use a mediator for mediation in many number of conflicts, for example legal, workplace, commercial, civil, diplomatic, family and community matters. It may be the case that a third-party representative may contract and mediate between unions and corporations if these are the parties. This could arise when a worker’s union goes on strike in a dispute and the parties may agree to hire a mediator to help settle the dispute or help reach an agreement between the union and the corporation.

Conciliation is another form of alternative dispute resolution which covers all the basic mediation and advisory dispute resolution processes. Neither conciliation nor mediation will determine an outcome but share various similarities such as they involve a mediator or a third party to help with the discussions. One major difference between conciliation and mediation is the fact that a conciliator will possess expert knowledge of the area that they are to conciliate, the conciliator can also make suggestions as to settlement terms and give legal advice on the subject.

For more legal advice and information, and for free legal resources visit http://www.lawontheweb.co.uk.

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











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MEDIATION: MEDIATION EXPLAINED

November 28th, 2011 No Comments   Posted in Mediation

Article by Ralph Elliott

In the last few years, alternatives to the use of litigation for dispute resolution have gained acceptance by attorneys. There are many different methods of alternative dispute resolution, but the focus of this article will be on mediation as a dispute resolution tool.

In what way does mediation proceed? The claimant and the respondent make an appointment with a neutral third person (the mediator) who facilitates their discussion about the dispute to mutually reach a solution to the conflict. The parties are encouraged to not focus on the concept of winning or losing in mediation because the parties voluntarily agree to a settlement. The role of the court in mediation may be to enter an order making the terms of the parties’ mediated agreement binding on them, but the court itself does not exercise decision making power over the parties. One should recognize that while a court may mandate mediation as a first attempt to resolve a dispute, the court will not require litigants to finalize their case through mediation. They must simply make a good faith effort reach a resolution through mediation.

A common area in which mediation is used is family law (in fact, local court rules requires that people first attempt to resolve custody disputes with mediation). Mediation is used in many types of cases other than family law, such as construction litigation, personal injury disputes and employment matters. A construction dispute that might otherwise be litigated in court over a period of years could possibly be resolved through a few sessions of mediation. Mediation is not guaranteed to resolve problems. When it is successful, however, the savings to the parties in terms of time and money can be tremendous.

A law degree is not required for one to be a mediator. If the mediator is a lawyer, the mediator must not impart legal advice to the adverse parties. Rather, the mediator facilitates the communication between the parties. He or she listens to both sides of the story, helps identify the issues that need to be resolved, and guides the parties to communicating and coming to a mutual agreement for resolution. The parties’ respective attorneys may be present at the mediation, but the mediator operates outside the influence of the attorneys.

Mediation is much quicker than litigation in the courts. The time between filing a lawsuit and the trial date in Stephenson County, Illinois can be up to two years depending on the case. Conversely, a mediation session may last only a few hours. Mediators’ fees vary greatly, but are generally less than attorneys’ hourly rates. Sometimes, the parties must split the mediator’s fees equally. Therefore, mediation is usually a significantly less expensive alternative to litigation. Ask your attorney if you are interested in mediating a dispute.

Ralph E. Elliott is a Freeport, Illinois Lawyer whose has over 30 years of experience including a Lawsuit and also a Personal Injury practice.Ralph is the senior attorney at the law firm of Law Offices of Ralph E. Elliott, A Professional Corporation situated at 1005 W. Loras Drive, Freeport, IL 61032 which serves business, individuals and the agriculture community in Northwest Illinois.

This article is intended to present general information for educational purposes, is not legal advice and should not be relied upon in connection with any particular matter. The reader is advised to immediately retain their own separate legal counsel with respect to any specific legal issue. Rights to bring a claim will expire through the passage of time by the applicable statute of limitations.©Law Offices of Ralph E. Elliott, A Professional Corporation 2011.