Every dispute between any party is capable of being mediated. Some cases involve litigation while others occur just because two sides have a disagreement on a particular issue. Some of the more common mediations include personal injury claims, business disputes, or employment situations.
Types of Cases
In the personal injury arena, claims arise between an injured party and another party for injuries suffered as a result of an automobile accident, defective products, or as a result of a dangerous or defective condition on somebody's property. Often times an injured party is making a claim against an individual or entity that is protected by insurance and the
negotiation is between the injured party and the defendant's insurance carrier. Unfortunately, from time to time, a personal injury claim may also be one that has resulted in someone's death; obviously, these cases
are more complicated and require an effective mediator to help the parties deal with these tragic situations.
In the commercial setting business disputes occur everyday. People disagree over the interpretation of contracts. Disputes occur in the real estate arena, banking, healthcare coverage, insurance coverage and unfair competition in the entertainment industry. Disputes involving property owners and developers as well as the subcontractors give rise to complicated construction defect claims. Our neutrals have heard mutiple cases in Real Estate ranging from interests between: Parties and Professionals, Professionals and Professionals, Buyers and Sellers, Brokers with fee disputes, Imminent Domain cases and ownership rights to property.
These types of cases not only include automobile accidents, slip and falls, fires, water vehicles, or injuries as a result of other dangerous or defective conditions; injuries can result from defective products, unsafe conditions or property giving rise to toxic tort litigation, or professional malpractice. Medical malpractice, legal malpractice, or negligence by any other professional sometimes gives rise to personal injury or other economic loss claims.
Disputes between employers and employees or employees and employees occur everywhere and in every walk of life. Claims can develop in a small business or huge corporations. It can occur between employees or departments or divisions. It can be an athlete and his agent versus management or vendors at a ballpark seeking exclusive contracts. These issues can be as simple as hurt feelings or as complicated as discrimination or sexual harassment.
Any situation where both sides want to come to a negotiation table and attempt to pound out a negotiated resolution is a case that is perfect for mediation.