Mediation-Arbitration

Question: How long is a typical tort case prior to Mediation/Arbitration? I was a victim in a car accident when a drunk driver hit me. The law suit was filed just before two years after the collision passed. I would assume the next steps will eventually be discovery and mediation. How long do these things normatlly take in Toronto Ontario Canada?

Answer: I am involved in a personal injury lawsuit against the Province of Ontario/O.S City jail, the accident occurred in June1999 and in May 2008 we finally had our discovery with the opposing lawyer,it's been one year this week May 9/2009 and i still haven't heard any thing.so, from the time of filing the motion to sue, it could take years or it could take months ,it depends on the insurance company and their lawyers,But if this doesn't help go to the Government of Ontario web site and click the Attorney General of Ontario link and there on the left side you should find a menu with sued and being sued site click on that and everything you need to know will be there.

Question: I am starting a Mediation/Arbitration business and I am in search of a business name. Something really catchy? I don't want to use my location or name in my business name. This is a business for Family Mediation (separation and divorce) and if that doesn't work then Arbitration.

Answer: Let's Work it Out Mediation and Arbitration Across the Table Mediation and Arbitration Common Ground Mediation and Arbitration New Beginnings Mediation/Arbitration Good Luck!

Question: What is the definition of Mediation, Arbitration, and Negotiation in Circuit Court? Best answer receives the points.

Answer: Negotiation is when you and the other side come to your own resolution. Arbitration is when you let a third party (not the court) decide the case. Mediation is when you use a professional to help the parties negotiate (kind of like a marriage counselor).

Question: What is Mediation, Arbitration, and Negotation?

Answer: Arbitration is where two parties state their case, and the arbiter makes a decision as to who has the best case. That party wins. Mediation is sitting down with both parties to find a common ground and a good compromise. Negotiation is very similar, where two parties 'give and take' on certain issues to come to an acceptable agreement.

Question: I have an assignment on conflict resolution and my area of it is mediation arbitration i need articles??? Iwas wondering where I can look to get articles and book info.

Answer: on the internet you would mostly get paid articles, however you can go to the following website to access some free material. www.adr.org you can also serch on wikipedia

Question: Mediation/Arbitration in North Texas? I am a mediator/arbitrator trying to start my own business. I am having trouble getting client referrals...any ideas?

Answer: I can't say I'm surprised. DMS pretty much has a lock on the DFW area particularly since certain judges in the George Allen courts buildings have established local rules requiring pretrial ADR. Since DMS has the Dallas county contract, guess who they refer to? As far as ideas...Networking is your biggest ally. Build relationships, which I'm sure you're trying to do already. Biggest suggestion I could offer is to start dropping in on Dallas and Tarrant County Bar Association mixers. Great time to meet and great and maybe do a little business. And obviously getting involved with Chamber of Commerce events wouldn't hurt either to get in to the business community.

Question: what does order of referral to/of for mediation/arbitration mean when going through a divorce? Does this mean that the request for marriage counseling wasn't granted? Please Help me understand!!!!!!!

Answer: It means that you are being referred to an impartial person to work with you and your husband to resolve your differences, and work out mutually agreeable terms of divorce or reconcilition. It is usually much cheaper than going through the courts.

Question: tribunals, conciliation, negotiation, mediation, arbitration? positives and negative of them?

Answer: First please address the pros and cons of you doing your own homework.

Question: I want to know about the advocate in Delhi who is expertise in the fild of mediation,arbitration etc.?

Answer: mr gyanendra mishra his contact number is 011-23221231

Question: Critically evaluate the theory and practice of third party intervention in the conduct of the employment relat I understand that third party intervention consists of mediation, arbitration and conciliation and acas and cac is advisory companies. But what statistical data is there on disputes, and important disputes where third party intervention has played a part? Any ideas?

Answer: Too hard of a question.

Question: What are labour unions and regulations? Hey, Im revising for my end of year law test, Could one of you help me with labour unions and regulations. I missed that week due to illness, On the review list I have certification on grievence bargaining unit collective agreement councilation mediation arbitration IF ANYONE CAN HELP ME WITH THESE, IT WOULD BE GREATLY APPRECIATED!

Answer: Briefly: 1. an employee can grieve certain behaviours by the boss etc.Discipline is meted out or the grievance is denied. 2. employees of large businesses , like my Board of Education, are divided into units - primary teachers, adult ed teachers etc.... 3. each bargaining unit has a collective agreement worked out with its employer and the employees - sick days, pension etc.. 4. When the employer and the bargaining unit exec. can't agree on an issue, a conciliator is appointed to provide for discussion. he has no power otherwise. http://www.gov.ns.ca/lwd/conciliation/co… 5. A mediator does the same http://www.canadaemploymentlaw.com/index… 6. An arbritrator - can mediate and make legal judgements http://www.investorwords.com/250/arbitra…

Question: Binding arbitration question - Urgent request!!!? We sold our home. Both we and the buyers signed the mediation/arbitration paragraph on the CAR form. The buyers took us to mediation where nothing was resolved. The buyers served us with a lawsuit and has included the RE agent who acted as a dual agent. My attorney said that the buyers can by-pass the arbitration with us because they have included the agent in a lawsuit. Is this true, does this kind of loop-hole exist?

Answer: Yes, I would think the lawsuit would be good, you are a duel party, not solo. I can't think of any suits, other then a failure on your part to disclose something (judge will nail you and the agents broker to the wall) where the agent could be a legitimate party though. If the agent is not a legitimate party the suit will be dismissed. You may want to ask again with the issue of the suit.

Question: Can my friends be called as witnesses to appear at a mediation? I am being sued over a minor auto accident that happened when I was backing out of a parking space in front of a shopping plaza. I had 3 friends with me. The three of us have drifted apart over the past months for reasons unrelated to the accident (2 broke up with 2 of my close male friends, the other was never really a good friend at all - on top of that we're all busy working college students who live in separate cities). My questions: 1) Will the plaintiff's lawyer be contacting the other passengers that were in my vehicle during the discovery process to use their statements against me? -Have they already done this? (Their info is on the police report, I was served less than a month ago so it's still early in the process) 2) Could my passengers be called to appear in out-of-court mediations/arbitrations? 3) Should I alert my passengers that this is going on? 4) Or is #3 something I should leave up to my lawyer (since I have not spoken to anyone about this case - and I have not seen these ladies in months.) I do not know if contacting them would hurt or help me, I do want to keep this issue as confidential as possible.

Answer: You may be confusing mediation with arbitration. In mediation a person attempts to get the parties in a dispute to compromise and resolve it between themselves. A mediator doesn't decide who is right and who is wrong. He may go back and forth getting each side to improve their offers. An arbitration is just like a trial, but without a jury. It is quicker and costs less. An arbiter will hear each side and make a decision on the merits of the case. You may have witnesses and introduce evidence.

Question: Does the use of ADR mean less money for lawyers? ADR - Alternative Dispute Resolution includes methods such as mediation, arbitration, etc.

Answer: Generally yes, although how much less money really depends on how far along the case is and the type of ADR used. Just this week, I settled a case in mediation for a client. If the case hadn't settled, there would have be a LOT of trial preparation over the next two months. If the case settles early in mediation, the client saves a lot of money. If the case settles latter in the case, the client doesn't save as much but still saves the expense of completing a trial. On the other hand, arbitration often requires as much preparation as a jury trial. In fact arbitration IS a trial, just not in a court of law with a judge and jury. The client might not save as much or might not save at all. In arbitration, the parties have to pay the arbitrator's fees.

Question: I need to educate myself about divorce. Can you recommend any web sites that are particularly informative? My wife and I may separate then divorce. I need some suggestions about web sites that are good resources on this subject. We have two young children and a home together. I need information on the technicalities of mediation, arbitration, separation as well as divorce from the emotional, legal and financial points of view.

Answer: I am sorry to read that you are heading toward a negative turn in your life. Consider this: years ago before you got married, had any website prepared you for marriage? No amount of books, reviews or magazines could have prepared you for this individual experience. It is about the same for a divorce. All the legal stuffs are in place to make money on both of you. The greater the battle, the more it will cost you. If possible, have an understanding with your wife on materials separation, I presume that she will keep the children so, discuss with her your visitation rights...Have most of the issues resolved so that you do not respond to lawyers and court to shape your new life. The less resentment you have will create less emotion that can and probably will destroy you. Go with the flow and know that "that too shall pass".

Question: Online Dispute Resolution? I'll choose a best answer today. Please answer 1 or more of the following for me: 1) What do you know about online dispute resolution (ODR)? 2) If you could learn anything about ODR, what would you want to know? (about how it works, problems, types, etc) 3) Do you think ODR will be popular for resolving real disputes in the future? Why or why not? 4) Do you think ODR will replace ADR (in-person negotiation, mediation, arbitration, etc)? why or why not? THANKS!

Answer: I personally filed a dispute with an ebay member whom I bought a car from. It was a terrible experience in my opinion. Squaretrade made hardly any attempts to get a hold of the member and he would not contact me via email. I would like to learn how much liability the ODR people have in making sure the two parties contact each other. I seriously doubt ODR will be popular for resolving disputes in the future because it is much to easy for either side to just not reply. Also I believe a lot less gets done and it only lengthens the process of dispute resolution. I doubt it will ever fully replace it and I doubt many people even are aware of ODR as of yet.

Question: The bank does not return my deposit from an REO transaction? I was in contract to purchase a bank owned property, I cancelled the contract due to some geologic hazards on the sixth day during the contingency period (the contingency period was 10 days as specified in the contract). It has been a month since I signed the cancellation form, but I haven’t received my deposit back yet. I am in Northern Califonia, but the mortgage company (who owns the property) is in Arkansas. What is the time frame that the mortgage company is supposed to return a buyer’s deposit? What can I do to speed up the process of getting my deposit back? I heard that the mortgage company is now in contract with another buyer. Is it illegal to be in two contracts at the same time? Since I have signed the mediation/arbitration clause on the contract, how do I go about resolving the issue through mediation if I have to?

Answer: It takes about a month, the mortgage company does not have your check, the escrow company does.

Question: Human resource models and contradictive managers? A company writes an HR model that all employees must adhere to. Company policy. Clearly these models are written as detailed as possible to protect the interest of a company, With the employees' invested interest as well. Then there is the 'at will' clause to terminate an individual for no reason, what so ever. But the company writes in HR model that there will be mediation, arbitration, open door policy, no reprisals for information divulged. So, if a supervisor has it out for you, he/she can let you go. There has been no 'exiting ' interview or adherence to their very own policy. Then why is this even written? and is this legal. Sounds so very hypocritical.

Answer: few HP manuals include all the stuff you have must mentioned; but HR text books must discuss it anyway.

Question: What to do when ignored in Afd? I wrote an article on Wikipedia. It got nominated for Afd as not notable. Every time I prove my point on the Afd or talk page all involved just ignore me! They don't even reply or say anything about what I have said. Its not that there is an argument or edit war its just that no one is taking my point, or even the fact I exist into consideration! I have even added sources to my article from newspapers and websites that are all very notable - But now my article has been merged with another article...which is nothing to do with my subject! Where do I go? Mediation / Arbitration? Thanks so much.

Answer: Can you give me a link to the actual AfD? I need to take a look at the exact situation.

Question: Should I listen to an attorney who told me to get a right to sue letter and he will take my case on contigency? I was Sexually Harassed by my former college administrator who forced me to have sex with him twice in his office. I filed a civil rights case at my state civil rights office and today I called an attorney to ask him if he would represent me at mediation at my state civil rights office and he told me to not do mediation at my state civil rights office but instead to get a right to sue letter and he would file my case in U. S. District Court and he would do it on contingency. It's a Sexual Harassment case that I filed at my state civil rights office and this attorney who I talked to today does mediation/arbitration and education law. So, should I listen to this attorney and get a right to sue letter from my state civil rights office or should I do mediation through my state civil rights office. What would you do if you were me?

Answer: Listen to the attorney. He/she would know the history of mediation in your state. The fact that he isn't asking for money upfront is good. Remember the state has an interest in making this go away. The state civil rights office may not be the most objective place to get justice.