Caldwell & Kearns, P.C.
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Protecting clients in the most complex legal disputes

Posts tagged "ADR/Mediation"

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.

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.

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.

Do your homework: 4 things to find out when choosing a mediator

You’ve decided to use mediation to settle your dispute. If you’ve never used a mediator before, you want to make sure you find someone who’s a good fit for you and your case. Here are four things you’ll want to research ahead of time:

Three key focus strategies to resolving a workplace conflict

A workplace is like a delicately balanced ecosystem. Most of the time, all individuals work in harmony with each other. However, when you throw a group of people with differing personalities, unique ideas and separate expectations into an office together, conflict is bound to arise eventually. In the face of such a clash, it’s important to refrain from doing anything that exacerbates the problem—which could ultimately result in mediation or even litigation.

Protect yourself when signing an employment arbitration agreement

You aced your final interview, and your future employer has just offered you your dream job. Exciting news! You’re asked to come into the office to sign some pre-employment paperwork. But embedded in the stack is a document that gives you pause: an employment arbitration agreement.

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