Caldwell & Kearns, P.C.
877-490-6665 717-743-1682

Protecting clients in the most complex legal disputes

ADR/Mediation Archives

How emotional and economic losses impact mediation results

A study by the University of Chicago has examined the ways in which humans react to and evaluate different types of loss. The research finds that humans value emotional and economic loss differently when these losses are considered separately versus when they are considered in combination with each other. These different valuing systems lead to different outcomes in mediation.

What can be done to ensure a mediation deal is enforceable?

At times, it can seem the law defies logic. Take the following scenario as an example. You and another party are in dispute over some issue. Maybe you have a difference of opinion over contract terms or a construction project. Maybe you need to resolve a parenting issue in the wake of a divorce.

Mediating high-conflict divorce may not be impossible

We have observed in previous posts that the use of mediation to sort out issues in a Pennsylvania divorce can present challenges. Because the process requires a willingness on the part of both parties to approach resolving disputed family law matters with an attitude of cooperation, mediation might not be for everyone.

What do I need to know about a liquidated damages clause?

Regular visitors to our site may be familiar with our "Best of the Hotline" feature. This is a section where we highlight topics that are on the minds of individuals around the state. If you have a real estate-related question, you might want to check it out.

Is there some way to overcome a mediation impasse?

It is a principle of law that every contract implies a duty of good faith and fair dealing by all the parties who sign the agreement. How that translates into action is less clear, as all experienced attorneys know. Courts can and often do recognize that the bounds of what constitutes proper enforcement and performance under a contract can vary depending on the circumstances of a given case.

What are the common stages of the mediation process?

No two legal disputes are exactly alike. Each has its own nuances. Because of that, there is no way to predict the outcome of a case. Bringing matters to court is the traditional means by which individuals at loggerheads would seek resolution. However, in recent years, alternative dispute resolution has often proven useful and more cost effective.

Looking at the statutory exceptions to mediation privilege in Pennsylvania

Previously, we began looking at the topic of confidentiality and privilege in the context of mediation. As we noted, the general rule is that all mediation communications are both confidential between the parties involved and privileged, meaning that their disclosure may not be compelled in litigation or other processes.

Pennsylvania class action raises issue of confidentiality, privilege in mediation

Pennsylvania readers may remember the so-called “kids for cash” scandal, which involved judicial kickbacks in the Luzerne County Court of Common Pleas. Between 2000 and 2007, two judges had been accepting bribes from Robert Mericle, the builder of two youth centers, in exchange for contracts with the centers and for making decisions aimed at increasing residents at the facilities. Apparently, the judges took over $2.8 million.

Jackson couple’s court-ordered divorce mediation attempt fails

Readers may have heard of the ongoing troubles between Jesse Jackson Jr. and his wife Sandi Jackson. In 2013, both Jackson and his ex-wife pleaded guilty to charges of fraud and conspiracy for using campaign money on personal expenses, and both subsequently spent time in prison on the convictions. Following the prison sentences, Jesse Jackson Jr. filed for divorce.

What is “baseball arbitration” and how can it be used effectively to resolve disputes? P.2

In our last post, we began looking at a proposed bill that would require health care providers and health insurers to proceed to arbitration when they cannot agree on who is responsible for paying health care costs that exceed a patient’s in-network costs. As we noted, the specific form of arbitration in which the parties would participate is commonly known as “baseball arbitration.” It is also called either/or or final-offer arbitration. This form of arbitration is commonly used to resolve commercial disputes.

Caldwell & Kearns, P.C.
3631 North Front Street
Harrisburg, PA 17110-1533

Harrisburg Law Office Map

Hershey Location
325 Laudermilch Road
Hershey, PA 17033
Map & Directions

Hummelstown Location
113 E. Main Street
Hummelstown, PA 17036
Map & Directions

Contact Us
Phone: 717-743-1682
Toll-free: 877-490-6665
Fax: 717-232-2766