Mediation

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By: Lester Langer

So you have now decided to hire an attorney. First, shop around, speak with your friends and colleagues about their experiences. Make sure your attorney has handled cases and law suits involving your issues. Find out how many cases and the attorneys experience in that area. Discuss the fee and other charges. Make sure you understand your financial obligations for fees and costs up front.

Next, tell you lawyer everything. Don’t leave anything out. The lawyer needs to know it all so he/she can provide you with the best advice. Give your attorney all the documents, emails, texts, etc. (keep you own copies too).

Ask about the process…what is involved…what normally occurs so you can at least have some idea of how the legal system works in your case and what to expect from the other side.

Finally, ask about mediation and other alternative dispute resolution procedures. Ask how it works and what you as the client need to be prepared for. Listen to your attorney but do not be afraid to ask questions until you understand the process. As I have explained before…mediation is your process and you together with your attorney make the final decision whether to settle your case or not. Have a plan B or backup plan if your first strategy is not successful. DO NOT BE AFRAID of mediation. It is an alternative to more expensive litigation. Be truthful with the mediator whose only job is to help you and the other side resolve the dispute in a satisfactory manner to all sides. Mediation offers you the opportunity to decide your case as opposed to a Judge or a jury of strangers deciding for you. It is a confidential process not open to the public like a courtroom. And it can be in most cases less expensive and faster. If you are successful than your dispute is resolved and you will be able to move on with your life and your business. If you are unsuccessful than you can proceed with your litigation however do not be discouraged. Most cases will settle before trial and even an unsuccessful mediation may get all parties and attorneys thinking in the right direction.

If you have any questions about mediation please submit them to this newsletter and I shall respond to them.

Lester Langer

Certified Mediator

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patu

The cover of the book Your Upward Journey by Patricia Bochi       Head shot of Patricia Bochi. She is in front of a boat that is in the water.

In a nutshell, Your Upward Journey: It Is Easier Than You Think!, is a three-part project (book, self-help seminars and merchandise sale). I intend to promote the book through self-help seminars and sale of merchandise, such as mugs, journals etc.

The website is: www.yourupwardjourney.com 

Facebook and Twitter: Your Upward Journey

Mediation

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By: Lester Langer

As I described in my first article, mediation has been around for a long time. Formalized mediation really started after the Industrial 3 arrows that say 1. your say, 2. my say, 3. compromise.Revolution in the United States in the late 1880’s. The purpose of those early efforts was primarily to resolve labor disputes and railroad issues.

A good definition of mediation is “a process of negotiation facilitated by a neutral third party who assists the parties to pursue a mutually agreeable settlement of their conflict.” The main features of mediation are confidentiality and neutrality. Both these features are essential to allow the parties to open up and be candid with the mediator and protect those confidential conversations from being used against either party in the event the mediation is unsuccessful.

In my next article I will expand on mediation, its pros and cons, and the process.

If you have questions about mediation please email me so I can try to answer them for you directly or through this column.

Lester Langer

Retired Circuit Judge and Florida Supreme Court Certified Civil Mediator

A note from Matt….

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By: Matthew Dietz

According to the United Nations Convention on the Rights of Matt standing next to a giant blow up dog with the dog's paw touching Matt's head.Persons with Disabilities, the right for education for persons with disabilities are essential to the development of human potential and sense of dignity and self-worth, and the strengthening of respect for human rights, fundamental freedoms and human diversity.  Today, there should be no limits.  This month, DIG has filed an action to strengthen sexual and reproductive education for the Deaf, provide effective technologies and, the use of alternate therapies to encourage participation in society.