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Harrisburg Alternative Dispute Resolution Law Blog

Why you should consider mediation following personal injury

Accidents can happen anywhere. Maybe you were in a serious car crash. You might have had a debilitating slip-and-fall accident at work. Or maybe a stranger’s dog bit you in the park. Whatever the case, you shouldn’t have to suffer in silence—and you deserve compensation for your distress.

In today’s post, we discuss why mediation can be a good alternative to litigation in a personal injury case.

3 reasons to choose mediation to resolve your dispute

Conflict can arise in any setting. Maybe you and your spouse are going through a divorce. Perhaps you and a business partner are disputing over the terms of your working contract. Or it’s possible that one of your employees has accused a colleague of discriminatory conduct.

When disputes arise, there are several options for finding resolution. Litigation is a common course of action. Arbitration is gaining popularity in many employment-related disputes. In today’s post, however, we discuss some of the core benefits mediation has over these other two methods:

Can employers require arbitration for sexual harassment claims?

There has been a growing body of evidence in recent years pointing to the benefits of alternative dispute resolution (ADR) over litigation. The two most commonly used forms of ADR are mediation and arbitration.

In many civil matters, ADR is the preferred method of reaching agreement. Some states—such as Florida—even require conflicting parties to attempt to resolve all civil lawsuits through mediation before going to trial.

The case for divorce mediation over litigation

You and your ex had an acrimonious falling out. Things were said and done that cannot be taken back. Now you’re ready to call it quits on the marriage, and you’re convinced there’s no way you’ll be able to get through a divorce amicably. Litigation seems like the only viable option.

While at first glance this may appear to be true, here are a few reasons mediation could actually be more beneficial in the long run:

Medical malpractice mediation: plaintiff benefits over litigation

If you or a loved one suffered injury—or even death—due to a medical professional’s negligence, you may want to take legal action to get compensation. However, taking the doctor or hospital to court may not be the best way to achieve the outcome you’re after.

In this post, we discuss why medical malpractice lawsuits are especially difficult for plaintiffs to win—and why mediation is a better option.

How mediation can empower a couple making a prenuptial agreement

You’ve met the love of your life and have decided to tie the knot. You’re deliriously happy. Everything in your life seems right on track. But then your fiancé hits you with an upsetting surprise: they want you to sign a prenup.

A prenuptial agreement is a touchy subject for many engaged couples, often because the request for such an agreement only comes from one party—the wealthier one. In many cases, a fiancé stemming from a wealthy family may receive parental pressure for such a contract to ensure their assets remain within the family.

When is mediation appropriate in business?

In a business setting, conflict regularly arises. Some disputes may not warrant full-on litigation—and others may not be worth the time and money of going to court. However, just because a conflict may be less severe doesn’t mean it should be ignored. Mediation offers a means to resolve disputes in a way that is cheaper, simpler and more amicable all around.

Mediation can be applied to a wide variety of business scenarios. In this post, we examine, the types of business situations where mediation can be especially effective, as well as some situations in which mediation may not be the best choice.

Prior to ADR: know your BATNA/WATNA.

Alternative dispute resolution (ADR) can be used for all sorts of different scenarios. Whether you’re butting heads with your former spouse over child custody issues or clashing with your business partner over an element of a contract, it’s a good idea to dedicate some time to prepare ahead of time. The pay off can be well worth the effort.

Regardless of whether you’re getting ready for arbitration or mediation, you want to approach the process smartly. Prepare for it as you would for any negotiation: by thinking through all potential outcomes and which outcomes would be acceptable to you. In ADR terms, this is what we refer to as your BATNA/WATNA.

How to prepare for your divorce mediation

You and your ex have decided to resolve your divorce through mediation. Perhaps you’re feeling a sense of relief that you can avoid a turbulent, drawn-out litigation process. But what do you need to do to get ready for mediation? Will you just show up and hope for the best?

With so much on the line, you don’t want to leave things to chance. It’s important to do your homework and organize your issues. In this post, we walk you through how to do that:

Arbitration finding a place in the commercial finance sector

In commercial finance disputes, there has been a long-standing tendency to turn to litigation for resolution. This process can be time consuming, costly and—depending on the outcome—publicly damaging to company or individual reputations.

For decades, arbitration has been a tried and true practice for dispute resolution in many industries across the country. However, to date, its use has not really gained momentum in the commercial finance industry.

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Harrisburg, PA 17110-1533

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