Nearly every type of dispute or disagreement can benefit for the use of arbitration or mediation. Most of the time disputes are resolved more rapidly via Alternative Dispute Resolution proceedings, as opposed to using the legal system.  Some of the issues that can arise with real estate sales are disputes about earnest money, repair costs, claims that misrepresentations have been made about the property condition, as well as the fixtures and appliances. Mediation is an effective measure to resolve these issues since all parties are “sitting around the table” with a neutral whose sole commitment and attention is to this dispute and to helping bring about a conclusion.

As a general rule, when real estate mediation is used it will be a matter of just a few months that the dispute will be resolved. As a matter of fact, once all the particulars are sorted out, and once the mediation proceeding is started, it usually  takes a far lesser amount of time than protracted litigation, to come to an agreement between all parties involved.

You will find that mediation far outweighs other means of finding a resolution for cases of personal injury. The reason has nothing to do with individuals wanting to be fully compensated for the injuries they may have received. Personal injury mediation is simply a method for helping people find middle ground when they have a dispute. Defendants are not admitting that they are at fault when they choose to use mediation. Instead they are using services available to them to locate a solution that is equitable without having to engage the expensive and often over burdened legal system.

Oftentimes people elect to use personal injury mediation because it is much less costly and less time consuming in terms of the ordeal it takes to get through the legal system. For those wishing for a less formal climate than can be found in the court system, mediation is a good choice. Many times the process of mediation is done right in the attorney’s office rather than in a more complex and intimidating setting. This is one aspect of the process many people like the best, as well as the confidentiality of the process. A more intimate setting provides comfort for those who are already under distress, allowing them to remain calm.

It is often seen that the mediator also acts as something of a go-between for the parties that are involved with the dispute. That is entirely up to the individuals involved in the personal injury mediation and  their attorneys. Some people prefer to work through what is known as direct exchanges where the parties can all have their say right there in front of each other. This allows them to work together in a back and forth manner to address the issues quickly as they are brought up for discussion.

Our mediators are experts in the subject matter at issue. They are attorneys or  former judges who have experience in the area of personal injury mediation and the use of structured settlements as a vehicle to enhance resolution. When it comes to locating the middle ground for parties involved in disputes there is nothing more important than having someone who is knowledgeable in mediation techniques while at the same time being experienced in the law.

It is fascinating to work with family businesses because it is understandable that the individuals combine not only rewarding experiences, but they often go through some difficulties as they work their way through the many aspects of life. Family business mediation is sometimes necessary to help good people get through these difficult times. Sometimes it takes professionals to help resolve conflicts that can arise. Those conflicts can be due to disputes about who has contributed the most time or effort to making the business prosper thus far. This is where experience can step in to help save the day.

It is often hard to find balance situations when lives are lived closely not only in the business setting but also in off times as well. Due to the closeness of the career choice, along with multiple intertwined personal relationships and responsibilities the balancing act gets genuinely impossible at times. That makes the work of family business mediation so much more important. Family members normally have their own perspectives of what is going on and those perspectives are far more complicated than one would find in a business that is not as personally involved. That makes it even more important that those handling mediation are  experienced and highly ethical.

Professionals dealing with family business mediation are better suited to this type of dispute settlement.  As professional problem solvers it is important that they have a neutral outlook and solid commercial legal experience.

Mediation results that are fair are always the desired outcome. Family businesses are very complex and the relationships within them are also complex. Dealing with the issues that have brought them to the point of family business mediation is both frustrating as well as emotionally charged. By creating a comprehensive and long term plan for transferring stock, managing transition, succession, compensation, division of assets, and all the other aspects of the situation good mediation techniques are sure to keep the family intact while making sure that everyone is able to get what is due them, and that is great work.

All insurance arbitration cannot be considered to be the same. That is because not every arbitrator is created equally. For those who are considering using arbitration to deal with an issue with insurance, it is always best to select experienced and knowledgeable individuals to place your trust in. Arbitration is a process that works more quickly, is more cost effective, far more convenient, and much more private than you would find in litigation. It is very critical to resolving disputes that those selected to arbitrate issues have experience in business, are fair and ethical in their practices and in the way they handle the procedure.

When the panel of arbitrators is selected they should possess more than basic legal experience concerning the insurance industry. The most effective arbitrators are selected from among individuals who have had their own experiences with the questions in dispute. Insurance arbitration is not served well by panel members who must become educated during the process. What this leads to is a lack of respect while the hearing is conducted and can create rancor among the panelists during deliberation. No one’s interests are served when time is spent bringing a panel member up to speed and stress is added when decisions are being made.

Effective members of an insurance arbitration panel should have the qualifications to do the job. When well qualified arbitrators are chosen they should have a background as well as prior experience in the arena of this type of arbitration. This will provide the entire panel with the kind of respect they deserve from all the parties involved as well as the attorneys representing them. This is a critical element when it comes to developing a well laid out schedule, and for controlling the discovery process and for an efficiently conducted hearing. All of this is beneficial for achieving the desired outcome.

Since all insurance arbitration cannot be considered to be the same, it makes great sense to select only the very best qualified individuals to participate in the proceedings. Arbitration guidelines have been established by a variety of organizations and some by state or federal rules and may be followed, but in some cases arbitrated disputes are held in accordance with agreements that have been made between the parties. The most important thing to consider when arranging for such arbitration is that a fair and experienced panel be selected to provide an unbiased decision, and that they will work well with all parties.

The process of commercial arbitration generally begins when a demand for arbitration is filed. The claimant is the party who initiates the process by filling the demand. Different rules exist for the different administering organizations; however, there is  no default if there is no answer to the demand. It is typically understood that failure to answer constitutes denial of a claim. Respondents can make the choice to counterclaim the way it can occur during ordinary litigation. Typically there are comparatively large fees charged by administering organizations. Not so with Case Closure. We only charge for the hourly rate of the Arbitrator [s]. Some lawyers might have a tendency to debate whether or not there is any value provided by administration.

The submission agreement also known as the arbitration clause can stipulate the selection process of the arbitrators. If this is not included in the arbitration clause, the arbitrator will be chosen by the arbitration rules. When commercial arbitration is entered into,  Case Closure will submit a list of arbitrators to choose from. Each party will have the opportunity to strike certain arbitrators from and the panel will be appointed from those remaining. On the other hand each party will have the opportunity to nominate an arbitrator, even one who may not be affiliated with Case Closure, as long as at least one is, and those nominated with select their chair. It takes a great deal of effort during this process.

It must be pointed out that when parties make appointments from arbitrators of their choice, those arbitrators may go about advancing the interests of the party that appointed them. The American Bar Association revised the rules of ethics in 2004 and established the presumption that each arbitrator in commercial arbitration would be expected to serve in their capacity as a neutral part of the proceedings. Anything other than that destroys the integrity of the entire arbitration process, but one can expect that this kind of behavior could still take place. The College of Commercial Arbitrators came out with Protocols in 2011 which Case Closure follows.

When two businesses disagree, the conflict may end up in court.  But when small businesses are involved, there are often family issues, personal relationships or crippling costs that make it much more practical to seek a solution outside the courtroom.

In mediation, a neutral person is enlisted with the consent of all parties to help them design and reach a settlement in a confidential setting.

Following are three examples I’ve seen of situations that have been resolved in mediation. In each, the parties had the foresight to recognize that extended litigation, with its inherent delays (adjournments at every stage, lengthy discovery, motions, appeals on motions, pre-trial preparation, trial scheduling) and costs, is against their best interests.

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Read the full article here: Staying Out Of Court: A Sensible Approach To Resolving Disputes

Lease a car, enroll in a cell phone plan or finance the purchase of a major appliance, and you’re likely signing away your rights.

Most consumer contracts include clauses that require you to take any disputes with the auto dealership, phone company or retailer to an arbitrator — one chosen by the business. You can’t take the business to court. You might not even be able to take part in a class action lawsuit with others who have similar complaints.

And the arbitrator’s decision — with no explanation — is generally final.

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Read the full article here: Baltimore Sun: Widely used arbitration quietly closes doors of protest for consumers: Such clauses in consumer contracts may become a thing of the past

The BP oil spill, caused by an explosion at the company’s Deepwater Horizon oil rig on April 20, has released more than 170 million gallons of oil into the Gulf of Mexico, damaging the property and livelihood of many individuals and businesses and causing an environmental catastrophe greater than the Exxon Valdez spill of 1989. The man-made nature of the event, and the fact that BP was self-insured, mean that most claims will be fielded by BP itself rather than the insurance companies of parties harmed by the spill. BP has set aside a $20 billion fund to cover claims and has engaged ESIS, a Philadelphia-based claims processing and risk management company, to handle the claims as they are received.

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Read the full article here: Insurance and Technology: BP Oil Spill Claims Process a Mess

A recent ruling by the New York Court of Appeals opens the door for estates to sue attorneys, which could ultimately result in an increase in professional liability insurance premiums, predicts an executive.

The decision written by Judge Theodore T. Jones Jr. reverses previous rulings that basically insulated estate attorneys from liability unless they acted in a fraudulent manner. Now, an executor can sue an attorney.

“Attorneys will need to look ahead and really think about how their actions will impact people they won’t have a relationship with until their client dies,” said Mark Bunim, chairman and managing director of Case Closure LLC, a mediation firm in New York.

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Read the full article here: National Underwriter: After NY Court Ruling, Insurance Rates May Rise For Estate Attorneys

Baker Clark is adjusting to a new reality.

Instead of tending to customers, the owner of the 68-room Best Western hotel in Navarre, Fla., is tending to BP claims adjusters.

Clark says his business in May was off 20% from the same month last year because of the oil spill in the Gulf of Mexico, now in its seventh week. His June business is off 50%. Advance bookings for July? “The phones have stopped ringing,” he says.

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Read the full article here: USA Today: Gulf businesses say BP aid on oil spill too slow