Types of Disputes Mediated

Alan Wiener is available to mediate a wide variety of civil cases and unfiled real estate, business, personal injury, employment, community and public policy disputes. Some general information concerning these categories of disputes follows, however each case should be individually considered to determine the suitability and potential benefits of mediation. The parties, their representatives, or other persons concerned are invited to consult Alan Wiener concerning the benefits of mediating any particular dispute.

Civil Case Mediation

Civil cases are private lawsuits asking a court to determine the rights and obligations of the parties. These include personal injury, defamation, civil rights, breach of contract, fraud, property damage, business interference and many other types of claims. In most civil cases, the only resolution a court may order is a judgement awarding one party money, however many other resolutions are possible in mediation.

More than 90% of all civil cases are eventually resolved by an agreement between the parties. This settlement usually does not occur until many months, or even years, after the lawsuit was filed. The intervening litigation process can be extremely expensive and disruptive to the parties, and may escalate the dispute.

Mediation can promote a resolution at any stage of litigation, but may be especially beneficial early in the case. If discovery or other pre-trial procedures are necessary, mediation can help the parties focus on the crucial issues and efficiently prepare for later settlement or trial. An early mediation conference can accelerate an agreement, significantly reduce litigation costs and prevent escalation.

Business Disputes

Business disputes may arise from commercial transactions between the parties or from their independent or competitive business activities. A crucial characteristic of these disputes is their potential to disrupt or destroy the businesses involved. Timely and appropriate resolutions are often particularly important goals which may be achieved through mediation.

Leading business corporations recognize the advantages of mediation over litigation. One survey found only 20% of business executives satisfied with the litigation process and 25% satisfied with the results. Only 32% of inside counsel were satisfied with the process, and 58% with the result.¹ More than 90% of both groups said less than half of all lawsuits involving a business are resolved at an appropriate cost, and more than 75% said less than half are resolved within an appropriate time.² In a survey of the top-rank counsel of the 1000 largest U.S. based corporations, 81% of respondents said mediation provides "a more satisfactory process" than litigation, 66% said mediation provides more "satisfactory settlements" and 59% said mediation "preserves good relationships." ³

Real Estate Mediation

Disputes often arise from individuals' agreements to purchase, sell or lease real property. These are often the parties' largest and most important transactions. Complex financial, legal and emotional issues can lead to misunderstandings and disagreements. Participating in mediation when the dispute initially arises may allow the transaction to be concluded, or facilitate another prompt resolution that can save the parties considerable damage and disruption. Many standard real estate agreements require the parties to mediate before litigating.

Employment Mediation

Employment disputes may involve a variety of claims by a job applicant or a current or former employee. Unresolved workplace conflicts can negatively affect other employees and customers and disrupt a business. Several factors may make these disputes especially appropriate for mediation. They often involve strong emotions, and misunderstandings that can be improved through communication. The sensitive nature of some employment disputes makes it advantageous to resolve them privately and informally. Mediation can also help prevent future workplace conflicts, or ensure that they are promptly and constructively addressed.

Community Mediation

Community disputes arise in the neighborhoods where the parties live or work, and may involve a very wide variety of issues, including noises, odors, pets, property maintenance, trees, view obstruction, parking, privacy and harassment. Often, each party feels their personal or property rights are being violated. Mediation may help the parties develop a resolution that significantly improves their quality of life.

Public Policy Mediation

Public policy disputes involve conflicts between government agencies, public and private organizations, and individuals ("stakeholders") regarding issues of public concern. Public policy mediation assists the stakeholders in reaching a consensus recommendation, which is submitted to the responsible government agencies for consideration and implementation. This process has been successfully used to resolve many complex public issues, including the location and design of highways, airports, university facilities and power plants, and the adoption of environmental regulations.

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