MEDIATIONS ARE NOW BEING CONDUCTED
ONLINE OR IN PERSON (PER CDC GUIDELINES)
“Bob was patient and understanding. He allowed the process to develop naturally and set the stage for open communication.”
We have helped resolve disputes involving a wide array of issues, such as:
- Property – Buyers & Sellers; Easements; Encroachments
- Sales – Homes; Machinery Parts; HVAC Systems; Cars & Trucks
- Churches – Minister/Board; Board/Congregation; Minister/Congregation
- Public Policy – Roads; Parks; Rivers; Lakes
It is impossible to list all of the types of disputes settled in mediation. About the only types of disputes we don’t mediate are union bargaining disputes, wars, and other international disputes.
No two mediation are the same. Mediation promotes creativy and flexibility in structuring agreements. Here is an example of a very creative agreement reached by parties during a patent dispute.
Case settled on a bet. During mediation of a patent infringement dispute, the defense attorney wanted to bet the plaintiff’s attorney that he could get a new patent for an improvement to a plaintiff’s patented design. I asked, “Would your client be willing to make that bet?” When asked to explain, I suggested his client could agree to pay license fees to the other party until his new patent was approved. If the defendant got a patent for his improved design, the plaintiff would pay license fees to the defendant to use the new improved design in an equal amount, canceling out each other’s license fees. With a few modifications to the language and after months of expensive litigation, the case settled – in under four hours. I later learned the improvement was patented and both parties were happy with the settlement.
Attorneys often recommend mediation to their clients. It is a sign they care about their client. Why? Because attorneys have learned the three advantages of mediation.
Faster.The entire process can take as little as an hour and rarely takes more than one day. Complex issues and multiple parties may require more than one session.
Better. Problem solving allows creativity to come forward. It can even be fun! Mediation takes place in private, out of the public eye, and most agreements are confidential.
Cheaper. Mediation costs less than 10% of a trial in a public courtroom, according to a national study.
WHAT IS THE TYPICAL OUTCOME?
Successful. Nationwide, about 70% of mediated disputes settle. My experience has been even better with agreements over 80% of the time.
Insightful. Even in the small number of cases not completely resolved in mediation, key issues are identified and some may be resolved. Just seeing the issues clearly helps parties decide whether to take the dispute to the next step.