Tag: Mediation

Will Each Party Have an Attorney at Their Mediation?

Posted by rainmakereditor on October 17, 2019 with 0 Comment

There are so many benefits to mediation for business owners today that it is no surprise most of the outcomes are successful, but often they do require the presence of an attorney. While forced mediation in other cases—as commonly seen in divorce, for example—may be ineffective when the parties are not ready to come together and agree on a settlement, for business partners or those who have been in a working relationship for many years, mediation may be welcomed not only as a way to settle a dispute quickly and sometimes much more gracefully, but also to preserve what may be a friendship or a profitable partnership that could continue throughout the years.

The role of the mediator is not always easy, and although licensing is not required, they must bring great skill to the negotiating table in terms of remaining neutral but also knowing when to step in and help all parties involved communicate more clearly. To do so effectively, the mediator usually meets with each party before the process begins so that they can gain a clear understanding of the case. This usually means learning a little bit about each party, finding out how the dispute came about, and what goals need to be met overall for a settlement.

The relaxed, casual setting is usually conducive to promoting a better conversation between disputing parties, allowing for easier resolution; and while all of that may be true in your case, if you are concerned about a sizable amount of money or assets that are involved in the dispute, it may be in your best interest and that of your business, to have an attorney present at mediation. With the help of a skilled mediation attorney-and one who is in full support of the process, maybe spending a little more, but providing expert extra protection and added counsel during the process.

With an attorney inexperienced in mediation at your side, however, you could defeat the whole process, receiving the wrong type of advice for your situation and reducing the effectiveness of mediation overall. Consult with The Bolender Law Firm for skilled representation by an attorney who will support the process of alternative dispute resolution.

We will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

How Does Negotiating Occur in a Mediation?

Posted by rainmakereditor on October 9, 2019 with 0 Comment

Mediation offers many benefits for business owners engaged in legal disputes and interested in negotiating. While it is often tempting to head straight for the courtroom—and especially if there is a more adversarial scenario—sometimes the relaxed setting of mediation is the best way to go. Litigation has its place in settling many serious issues for business owners and others, but mediation and goals for a more proactive outcome from all parties involved. This requires great motivation, however, as everyone involved must focus on what is important and come together to make an agreement. When proceedings are progressing along in a positive manner, mediation may be completed sometimes in just a matter of hours, or perhaps a few days—but in comparison to a courtroom scenario, much time, effort, and even money can be saved.

In most cases, mediation promotes successful negotiation, with the mediator acting as a completely neutral party. They do, however, encourage cooperation as well as intervene at times regarding communications that could be misunderstood or need further clarification. Mediators may also take the time to ask questions of both parties while at the negotiation table, striving to see that everyone digs deep to understand where the other side is coming from—and perhaps even empathize and sympathize with the other party. This can lead to not only a faster agreement and settlement, but it may also preserve a working relationship that could have been forged years ago and is valuable to everyone.

For most parties involved in a mediation and negotiation, the process runs smoother when everyone has information. This means that each side should have as clear an understanding as possible about the dispute and know basically what it is that the other party wants. For business owners, mediation is usually agreed on by all involved because they are motivated to find a solution. Numerous elements are usually required for a successful experience in mediation though, from each party offering respect to each other and a willingness to listen, as well as demonstrating what can be extreme patience in focusing on reaching a settlement, and looking beyond the emotional aspects of the dispute.

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

What is the Usual Mediation Setting?

Posted by jbolender on July 22, 2019 with 0 Comment

Along with arbitration—and in California, also judicial reference—the mediation setting is one of the most effective forms of alternative dispute resolution outside of the courtroom. Growing in popularity throughout the past few decades, this type of ADR involves a mediator who leads the process, acting in a decidedly neutral manner, rather than a deciding one. Unlike most court cases, the mediator usually meets with everyone involved before the process begins, calling to set up a time before the process is scheduled. This allows them to get to know everyone involved, and they will usually take extensive time to learn about the background of the dispute, and how everyone came to be involved.

Often, business parties involved in mediation have long-standing commercial relationships, and may even be friends or relatives in some cases. Because of this, voluntary mediation is popular when preservation of the relationship is perceived as important. The setting may have a lot to do with the ongoing success of mediations in the US. Most of them are successful, and most settings are much more laid-back, casual, and conducive to bringing forth a good discussion between the parties involved.

The dress is more casual, and the mediator may even be able to work around office schedules and allow all the processes to occur after work in the evenings, or on weekends when the ties are loosened up and the attitudes are more relaxed too. Most of us do not enjoy having to get all dressed up in formal business attire and sitting in a stuffy courtroom for hours, leading to some of the greatest benefits in mediation.

Mediation (with most being successful) often leads to faster resolution as people are more comfortable and motivated to reach a settlement that works. While mediators do not have to be licensed, they are usually extremely comfortable in the legal arena and may in fact be practicing attorneys or retired judges. Although there are some expenses involved in the process (mainly in paying the mediator), and it is becoming more expensive than it used to be, mediation is still usually exponentially less expensive than litigation—and offers much greater success.

Business Partnerships: Alternative Dispute Resolution May Be Helpful

Posted by jbolender on June 21, 2019 with 0 Comment

Entering into a business partnership can be one of the most significant decisions you will ever make regarding a relationship; in fact, it may be a sad state of things today regarding marriage statistics—but all too true—to say that business partnerships often live out one marriage, or even more. And for many also, the business partnership is often built on long-term friendships, some that may stem back to childhood, college, or at least the early days. If your company is new, you and your business partner may have created a product, a business model, and a foundation for your company together.

No matter how solid your partnership or your company is in the beginning, however, a partnership contract is critical. Just as your company has a structure, your partnership should have one too, including boundaries, limits, and definitions regarding titles within the company and what each partner is expected to do, along with financial information such as whether shares are distributed equally, or not, when products are distributed, and any other details your attorney and/or accountant may suggest.
And although it may seem unnecessary in the beginning, having a dispute resolution clause spelled out in your contract can make a world of difference when a major dispute—and one that may even be headed to court—arises.

The great thing about such a clause is it allows you to agree on how you will possibly disagree later. You and your partner, or partners, can outline how any legal disputes will be put to rest, whether through litigation, or alternative dispute resolution such as mediation or arbitration. If there are attorney’s fees, the clause may outline who will pay them, as well as designating locations such as what county disputes would be settled in.

Alternative dispute resolution is often the best solution in the face of a legal dispute with a business partner, especially if you are invested in preserving the relationship. Mediation may be best, offering a casual atmosphere where the parties often feel more comfortable talking and are able to work things out much more quickly and affordably.

Do you need legal assistance with a partnership or business dispute? If so, contact the Bolender Law Firm. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

What Happens When an Agreement Cannot Be Reached in Mediation?

Posted by jbolender on May 21, 2019 with 0 Comment

Mediation is often an extremely attractive alternative to the courtroom. Formally termed alternative dispute resolution (ADR), mediation is typically held in a more casual and relaxed setting, led by a mediator. While the mediator may not technically be licensed or may not even have a legal degree, they are usually very experienced in helping two or more parties deal with some sort of legal dispute that has brought them to such serious odds that they cannot reach an agreement or settlement decision on their own.

In some cases, a judge may even send two parties into mediation during a case, requiring them to work it out. While that puts some added pressure on everyone in a mediation, it also takes them out of the stiff courtroom and out of what may be a more adversarial atmosphere. The mediation offers a setting where the mediator can help if the disputing parties have reached an impasse, encouraging them to think outside the box, and perhaps even learn to empathize with the other party’s situation. The mediator usually has prior, extensive knowledge of the case due to meeting with the parties involved before mediation begins, getting to know them both separately, and understand what brought them into the legal arena to settle their differences.

If a stalemate is so serious that the parties involved cannot or will not budge, the mediator may suggest they take an extended break. This could be a few days, a few weeks, or an indefinite period. If the parties are involved in a court case and they still cannot reach an agreement in mediation, this may not be pleasing to the judge, and their case could be delayed, there may be more mediation suggested (or required), or a trial may be scheduled. Such an ordeal is never easy on anyone, but negotiations simply may not be possible if neither side can give at all.

As in any negotiation, it may be up to the mediator or an attorney to keep the conversation going until someone thinks of something that they can give. Perhaps they have a concession they can make that would not paying them too terribly but could mean a lot to the other side. Most mediations are successful, and the exceptions can be frustrating for everyone involved.

Do you have questions about a mediation or a business issue, or do you need legal assistance regarding a business dispute? If so, contact the Bolender Law Firm. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

Mediation Struggles: Could We End up in Court Anyway?

Posted by Jeffrey Bolender on May 14, 2019 with 0 Comment

Mediation offers a way for disputing parties a way to avoid what is often thought of as the horrors of the courtroom; and while litigation is sometimes the best route to settle a legal issue, there can be easier and more comfortable ways to do so today—as with alternative dispute resolution. Mediators are often practicing or retired attorneys, but they do not have to have a law degree or even be licensed. What they do need is experience in working with parties that may be having trouble coming to an agreement, even if they are motivated to find a resolution.

Mediations are usually successful, and it is easy to see why when you explore the model. The mediator is usually much more flexible and can meet with everyone involved separately, to get an in-depth understanding of what the dispute is about, the background of the parties involved, and an idea of what their end goal is for a settlement. The mediator can often work around the schedules of the parties, even setting meetings for after hours or on weekends. The atmosphere is usually much less hectic than the courtroom, relaxed, and casual.

The mediator is there to assist the disputing parties in coming to a settlement, not to decide the case for them. Their position is much less authoritative than that of a judge, which is often helpful as those involved can decide the direction of their case—and usually much more quickly, affordably, and in many cases, amicably. For business owners, mediation also allows the chance to preserve a relationship that may have already been long-term and profitable. Sometimes though, mediation is not successful, and a stalemate simply cannot be broken. If the judge has mandated the process, then they may be sent back to try again multiple times—and if that does not, the case could be held up for a very long time.

If mediation was voluntary and a decision cannot be reached through that route, a more aggressive approach with litigation may be the only option. In the end, however, the parties involved may wish they had been able to take a simpler approach and lay their grievances to rest more amenably.

A Good Mediator May Be Able to Transform a Court Case

Posted by Jeffrey Bolender on March 25, 2019 with 0 Comment

There’s little to enjoy about a court case, unless you happen to be on the receiving end of a large settlement–or working with a good mediator, ultimately. For many civilians though, enduring litigation can be long, stressful, and expensive. There may be emotional ties between the disputing parties in some cases, and the experience can be intense. Because there are numerous disadvantages to being in the courtroom, you and the party you are in a dispute with may have been able to decide on one thing—and that’s mediation. Other times it may not be optional, and the judge may have referred you to alternative dispute resolution, and with good reason.

In mediation, you can look forward to a different atmosphere from the courtroom. This is usually obvious from the beginning as scheduling is much more flexible; in fact, mediators are used to dealing with clients who have busy schedules, especially business owners, and they may even be able to mediate on weeknights or weekends. A good mediator takes time to research the case, and this often differentiates from the court case also as the mediator can take more time and speak with everyone before the process starts. In being fully apprised of the case details, the mediator will be better equipped to guide everyone in reaching an agreement. And ‘guide’ is the key word, as that is what they are there to do, rather than decide.

Alternative dispute resolution (ADR), and especially mediation, is usually successful, but much of it depends on the motivation of the disputing parties to resolve the issue and bring the process to a conclusion, as well as the skill of the mediator. While a law degree is not required for mediator, they are often retired legal professionals or may have extensive experience in the field of the business owners in dispute. If a stalemate or an impasse is reached, the mediator must rally everyone to think outside the box for different ways to find a resolution, even though they may seem (or feel) close to giving up.

This may be the time for the mediator to begin asking more questions, along with digging deep for what other concessions each party might be willing to make. Taking a brief time out, and then seeking more information along with further understanding what is motivating each party can be extremely enlightening. Offers and counteroffers are often brought to the table more quickly when disputing parties can understand each other better and loosen up enough to compromise further.

When is it Better to Leave Mediation and Pursue a Court Case?

Posted by Jeffrey Bolender on March 21, 2019 with 0 Comment

Mediation is one of the most popular forms of dispute resolution and has been on an upward trend for decades, and although you may be interested in heading there–you may have no idea when it would be best to leave mediation. Unless you have been in a legal dispute previously, you may not even have been aware that it was an option over litigation. Sometimes mediation is not optional either but may be required by the judge as one part of an exercise during a trial. And while parties may balk at ADR at first, mediation especially is usually successful.

The mediator plays an interesting role in the process, as they are not there to decide the case for the involved parties. Their role is to facilitate resolution of the case through helping the disputing parties, but not too much! The mediator must remain neutral and is expected to bring forth their expertise when the parties involved have reached an impasse. This is normally where a mediator will shine. In most cases they will have interviewed both sides to gain and understanding of what is going on. This means that they have an easier time encouraging everyone to think outside the box when they seem to have hit a stumbling block or unfortunately, when tempers may be flaring.

Is it possible to leave mediation and go straight to litigation? The answer could go either way, depending on whether your mediation is court-ordered. If the judge sends you to mediation, they expect a resolution to be reached there, and if the news given to them is that you just could not reach a decision, they may send you right back; however, in an optional mediation, of course you have the choice to tell your attorneys that you wish to seek litigation instead.

Usually, mediation is a much better route for everyone involved as it is a relaxed and casual atmosphere much more conducive to reaching a settlement. Even though there may still be some lawyer’s fees, mediation is usually exponentially more affordable, and fast—not only in reaching a decision, but scheduling is much easier and more flexible as it only revolves around the mediator and the disputing parties, rather than the entire court docket.

Why Is Mediation So Popular in Settling Business Disputes Today?

Posted by Jeffrey Bolender on March 5, 2019 with 0 Comment

Mediation is the key to success for many disputes today. Most cases which end up in mediation are resolved successfully, and that is saying a lot when you consider how bumpy the road can be in some litigation—although that is the necessary route all too often. And while business owners may choose to resolve legal issues through ADR once a disagreement has erupted, this type of dispute resolution is often outlined in business and partnership contracts initially. There’s no better time to decide how an argument will be handled than when everyone is getting along. A dispute clause may even cover specifics like where mediation (or arbitration or litigation) would be handled regarding county, and who would pay any legal fees should they arise.

While the courtroom often brings forth a more adversarial attitude, mediation allows for a casual and relaxed setting that can be conducive to settling. Although there are costs involved with hiring a mediator, the process is usually exponentially less, making it more affordable. Resolution is usually reached much faster too; in fact, many issues are resolved in as little as hours or just a few days. The mediator does not decide the case for the parties at odds, but helps guide them in finding a compromise, as well as pushing them along should an impasse occur. At that point, the mediator kicks into action with ideas for ‘thinking outside the box.’

Businesses with equal resources usually do best settling in mediation. A cell phone company forcing a consumer into mediation may lead to a difficult and expensive ordeal for the average individual (and this happens all too often, unfortunately), while for two businesses it can be extremely advantageous as they may have relationships they want to preserve over the long run—especially when the bottom line is involved.

Mediation v. Arbitration: Resolving Your Business Dispute

Posted by rainmakereditor on January 22, 2019 with 0 Comment

Unless you are a feisty litigator, going to court is probably not one of your passions; in fact, finding out that you are about to be involved in a lawsuit may can be very unpleasant. After all, we would all much rather be working, running our businesses, and enjoying what little free time we have during the interim. Unfortunately, while even our normal personal lives can lead to disputes and legal battles during some years, that is even more likely for a business owner. Depending on the size of your company, you could find yourself putting out fires daily, but when they escalate into a major issue that could be headed straight for the courtroom, you may want to speak with your attorney about alternative dispute resolution options like arbitration or mediation.

There are benefits to litigation, mediation, and arbitration. The courtroom experience, however, is much more well-known for being adversarial, expensive, super stressful, and in many cases—long and excruciatingly drawn out. Arbitration can be thought of as a step below the court process, with cases both heard and decided by the arbitrator. Testimonies on both sides are allowed, and evidence is also entered as part of the process, if necessary. While not as rigid as the courtroom or as expensive, arbitration is still much more formal than mediation—and may be heard by an individual well-versed in the law such as a retired judge or lawyer, or a professional with experience relevant to the case. The decision is both final and binding and can be extremely difficult to appeal.

Mediation is known to be successful in most cases and can be helpful for business owners trying to settle a dispute without ruining the potential for a long-term relationship, whether that be with an employee or independent contractor, another business owner or industry peer, or a vendor. Sometimes there may be the reluctance to lose a long-term and personal working relationship that is being soured by a dispute, but other times it could be that profit is the priority. In wrecking relations with a much-needed vendor, a business could be challenged to have products delivered. The neutral mediation works in a casual atmosphere and usually offers flexible scheduling for everyone involved. Affordability is a key benefit in mediation, along with the fact that the parties in dispute are usually motivated to solve their differences—and this is expected of them, with the mediator only there to guide.