Mediate Your Attorney’s Fees Dispute

The legal matter has concluded, but there is an outstanding bill for attorney’s fees. The client does not believe he/she should have to pay the full balance (or does not believe he/she can afford to do so), and the attorney does not want to have to resort to suing his/her client to collect the fee. The client, of course, does not want to be sued either. No one wants to hire attorneys and be caught up in expensive, time consuming and risky litigation. With litigation, the client risks losing and … [Read more...]

The New York Times Embraces Mediation To End Dispute

The New York Times is in a contract dispute with the Newspaper Guild of New York.  The parties have agreed to mediate their dispute.  An article entitled “New York Times Turns To Mediation To Break Contract Deadlock" by Katherine Fung, published on October 10, 2012 in The Huffington Post describes how the parties agreed to mediation on the heels of a employee walkout and management’s sudden termination of a negotiation session. Donald G. McNeil Jr., who has been active in the conflict, stated … [Read more...]

Benefits of Mediation for Attorneys

Most good attorneys at least consider mediation at some point during a case.  All actions attorneys take during a case are to promote the interests of their clients. In most cases, mediation is the best option for clients.  However, attorneys benefit from mediation too: Clients Are Happy.  All attorneys want their clients to be happy. We achieve a sense of accomplishment from a case well-handled. Further, happy clients refer future clients.  Clients who, through mediation, save time and … [Read more...]

Mediating Via Telephone or Videoconferencing

People do not have to live in the same city, county, state or even country to mediate their dispute.  One or both parties can be somewhere outside of the mediator’s office during the mediation.  First, parties can mediate over the telephone.  One party may be in the mediator’s office, or both parties may be on the phone with the mediator. Second, parties can use videoconferencing like Gotomeeting or Skype  to mediate their disputes.  There are now a number of computer programs that allow … [Read more...]

Star Trek Fan May Have Benefited From Mediation

I read an article entitled: “To Boldly Forgo: Trekkie Loses His Painstakingly Recreated Star Trek Flat To Ex-Wife In Divorce,” in the Daily Mail (dated January 27, 2012 and written by Emma Reynolds) about a divorcing man who stands to lose the apartment that he had lovingly converted into a Star Trek flight deck.  This article caught my eye for two reasons:  First, I am a Star Trek fan (I am a nerd, and I am proud).  Second, I believe this man and his wife may have been able to reach a different … [Read more...]

Mediation vs Litigation: choosing your own outcome

People sometimes choose to forego mediation or negotiation, thinking that their best option is just to let the judge or jury decide.  People reach this decision for a number of reasons.  For example: Some people have negotiated for some period of time and are frustrated. Some people do not want to deal with conflict and would prefer to give up control to a judge. Some people believe the other party will never be reasonable. While negotiations can be stressful and frustrating, … [Read more...]

The United Nations Resolves To Use Mediation To Peacefully Resolve Disputes

On June 22, 2011, the UN News Centre reported that the United Nations General Assembly issued a resolution directing its members to utilize mediation.  While the United Nations Charter already advocates for the use of mediation and peaceful settlements of disputes, this resolution emphasized the UN’s commitment to the process.  The resolution also declared the need to ensure gender neutrality in mediation programs, especially in decision-making roles. In addition, the UN recommended that it … [Read more...]

Simmons & Gottfried, PLLC
8160 E Butherus Dr, Suite #7 Scottsdale, AZ 85260
Phone: (480) 998-1500