I was injured in a car accident last year. I hired a lawyer and asked him repeated direct questions that he always answered indirectly. So I got mad at him and told him I was fed up with his indirect answers, especially concerning fees. He told me that I could now find a new lawyer. I'm confused. What should I do?
I am the defendant in a civil case. I am trying to settle with the plaintiff directly, because his attorney is more interested in taking depositions than settling and is an impediment to the settlement. I want to file a complaint against the attorney for interference. Can you help?
If you've given up on negotiating a settlement of your dispute directly with the other party, mediation may be the best way to solve it. Compared to a lawsuit, mediation is quick, private, fair, and inexpensive. And, if your dispute is with someone that you'll need (or want) to deal with in the future -- such as an employer, landlord, neighbor, or co-parent -- mediation will help you resolve your disagreement without destroying your relationship.
Mediation is a form of alternative dispute resolution that can be used in most non-criminal cases, including disputes involving contracts, leases, small businesses, employment, child custody, and divorce. In a successful mediation, all interested parties work cooperatively toward a settlement or fair resolution of their dispute, with the help of a neutral mediator who facilitates the process. So what are the keys to keeping your mediation on the path toward a fair and agreeable resolution? Here are ten rules to follow.
In mediation, two or more people come together to try to work out a solution to their problem. A neutral third person, called the mediator, is there to help them along. Most mediators have some training in conflict resolution, although the extent of their training varies greatly. Unlike a judge or an
Most civil (noncriminal) disputes can be mediated, including those involving contracts, leases, small business ownership, employment, and divorce. For example, a divorcing couple might mediate to work out a mutually agreeable child custody agreement, or estranged business partners might choose mediation
Mediation can be a good, sensible way to resolve a dispute, but what if you're convinced that the other side isn't sensible and is determined to prolong the dispute or fight things out in court? With a little help, you can probably get even an obstinate neighbor, a quarrelsome ex-spouse, or an unresponsive business owner to mediate.
Because mediation rules are few and straightforward, people can usually handle the process without a lawyer. If your case involves substantial property or legal rights, however, you may want to consult with a lawyer before the mediation to discuss the legal consequences of possible settlement terms. You may also want to make getting a lawyer's approval a condition of any agreement you make in mediation.
Increasingly, small claims courts are encouraging -- and in some areas requiring -- people with disputes to attempt to settle them through court-sponsored mediation. Whether you are suing or being sued in small claims, ask if your court sponsors or makes referrals to a mediation program. How It Works
Arbitration clauses -- requiring parties to resolve disputes through arbitration -- are found in many contracts these days. The American Arbitration Association alone estimates that it handles more than 2 million arbitrations each year, and hundreds of thousands more are conducted by other groups and individuals. Yet despite the growing use of arbitration, many people don't know what arbitration is or how it works.
In the past few decades, arbitration has become a mainstay in resolving legal disputes. Whether you've signed a contract with mandatory arbitration language buried within or are considering arbitration as an alternative to litigation, it pays to learn the pros and cons of arbitration.