Mediation is a very effective way to resolve disputes between parties. Certainly, there are many reasons that mediations may work, even in strongly contested matters, because, in some instances, it is the first time that the parties have had a chance to tell someone their “story”. And often times, just sharing their perspective about the … Read more
Employment disputes inside corporations are inevitable. Even with strong human resource oversight, companies cannot avoid the likelihood of claims arising from their employees, whether they are wage related or rise to the level of discrimination or ADA violations. Due to the increased cost of court litigation, many companies have turned to offering in-house alternative dispute … Read more
One of the main reasons that mediations fail is the lack of open communication between the parties. It is essential for both parties that voluntarily enter into the effort at resolution through mediation to have the opportunity to be heard on their concerns and needs which led them to litigation. It is equally important for … Read more
There are dozens of reasons why disputes that should be able to be resolved at a mediation sometimes fail. One reason may be that the mediator selected was not the right person for the type of dispute involved. Another may be that the attorneys involved were not fully prepared and that lack of preparation impacted … Read more
If we were to look at why conflicts develop between individuals or even companies, it is likely due simply because of differing opinions between the parties. Those differing opinions can be due to the disputing party’s frame of reference to a situation as compared to their intentional effort to challenge the other party. Everyone has … Read more