Friday, January 12, 2007

"What Types of Disputes Can Be Mediated?"

Answer: Any problem or disagreement you have that involves at least one other person or entity generally can be mediated to find a solution. Even if there is no "legal" remedy, there is often a remedy that can be found through mediation.

All of the following types of issues can - and are - resolved through mediation every day: contract disputes, personal injury or wrongful death claims, landlord/tenant disputes, disputes between neighbors, insurance disputes, medical or legal malpractice issues, real estate disputes, employment or labor disputes, divorce issues (financial aspects and custody/visitation issues), and probate disputes.

Mediation is also useful in matters that would not be litigated, but could benefit from the assistance of a neutral mediator. In these situations, the mediator can facilitate difficult discussions that are often necessary in the preparation of estate plans and prenuptial agreements whether because of the significant size of the assets involved or because of contentious relationships surrounding these agreements.

Such facilitative mediations help reduce conflict and tensions, keep the discussions focused on key issues and help everyone involved understand what needs to happen and why. When important discussions such as these are conducted in a meaningful and productive way, more creativity and thought is put into the final product or agreement, which leads to fewer disputes later on when it comes time to interpret and carry out the terms of the estate plan or agreement, if needed.

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