Mediation

This is a very un usual case in which a family drilled the safe deposit
box of their father to find some rare gold coins.

Expecting to enjoy this inheritance or at the worst, to split
the value with the government, they were surprised to find
that the government confiscated the inheritance and has now
won the right to keep it without compensating the family.

Need more information?

Click here for information about the government’s confiscation
of an $80 Million Dollar family inheritance.

David M. Ftrees III, JD
610-933-8069

Are You Considering or Involved in A Will
or Estate Or Trust Contest or Dispute?

Do You Want To Try To Reduce The Expenses And
Time Involved in Litigation?

Still Hopeful of Preserving Family Relationships?

Mediation can and in many cases does help
families faced with will contests, trust
disputes and disputes over family businesses of
all sizes.

We all know that litigation can be time consuming and
very expensive. And, in many cases mediation can
significantly reduce those costs.

Attorneys faced with a rapidly approaching
hearing and without agreement of the parties
will often seek to have a case mediated not
to delay the hearing, but to give the family
memebers a chance to reach a resolution before
irreparable harm and huge costs to all
parties are incurred.

If you are an attorney representing parties in
a serious will contest, elective share dispute,
or a matter involving a dispute over an estate or
trust, or you’re involved in such a case, and you
are considering mediation, then call David Frees
for a complimentary consultation on the process
of mediation.

Mr. Frees and the other highly trained mediators
in his practice can be reached at 610-933-8069.

This New Series Of Videos Discusses How and Why Families Can
And Do Use Mediation To Resolve Business, Trust and Estate Disputes

In this new video series Trust and Estate Attorney and a Mediator
David Frees examines the issues involved in how and why families
submit serious trust, estate, and family business disputes to
mediation>

This first video gives an overview of the topics including:
Why to mediate trust and este disputes
How to select a mediator
How much mediation of trust and estate claims costs
and more.

For more information on how to select a mediator
click here for another video report.

For attorneys or parties interested in hiring
David Frees of one of his experienced mediators,
call 610-933-8069.

By: Steve Lagoy

During  a mediation, open discussions between both sides and the mediator are important elements of this process. But not all discussions happen with all parties present. Sometimes the most productive parts of mediation occur in private talks that are kept confidential by the mediator.

After the mediator has gathered information in the joint session with both parties in attendance, the private caucus serves as a less threatening way for each side to air its concerns. Once the mediator has a clear understanding of what the individual parties want to accomplish, he or she can then move back and forth between them with suggestions and proposals based on the information gathered from from each side in the confidential caucuses.

The mediator’s aim is to assist the parties to reach settlement on mutually terms, after determining the real interests of the parties through these in-depth conversations.

Mediation may take hours, days, or even months to resolve a dispute depending on its complexity. But a very positive statistic on mediations reveals that this form of conflict management leads to a resolution around 80 percent of the time.

If you would like to to utilize the services of one of our highly experienced mediators, call our West Chester office at 610-692-1371 or our  Phoenixville office at 610-933-8069 today to set up an appointment.

References:

http://www.mediate.com/articles/steppj.cfm
http://www.pon.harvard.edu/daily/mediation/navigating-the-mediation-process/

Stephen Lagoy

Steve Lagoy is a partner in the Pennsylvania law firm of Unruh Turner Burke & Frees, PC with offices in West Chester, Malvern, and Phoenixville, PA. For more information on how Steve Lagoy could assist you as an independent mediator, contact Steve Lagoy in our West Chester office.

Opening Statement

The Statement from Each Party

Gathering Pertinent Information

Bargaining to Reach an Agreement

Contact a Mediator Today

Stephen Lagoy

• Are you willing to be constructive, compromise, and resolve the issue at hand fairly? Mediation only works when everyone is willing and able to participate without arguing, fighting, or standing their ground.
• Are you able to contact the other parties involved? If you can’t get everyone to agree to mediation, it might not turn out to be the right solution.
• Mediation is informal. Is this the right process for your legal needs? Sometimes, the creative and flexible nature of this process isn’t right for everyone.
• Are you looking to resolve your issues quickly? Mediation is more affordable and takes less time than litigation.
• Are you open to new ideas or willing to make sacrifices for the sake of resolution? If you are stuck to the same ideas or going to argue with everyone to get your way, this might not work for you.
• Do you want to “win” or simply resolve the dispute? People who are “in it to win it” don’t fare well in this setting. You need to change your attitude or change your legal approach.

Contact a Mediator

Stephen Lagoy

By: Steve Lagoy

There are several advantages of mediation over traditional litigation in order to settle legal disputes. To find out whether mediation is the right approach for your case or to learn more about mediation basics, consult your attorney, and to hire a mediator, contact a Pennsylvania mediator.

What is Mediation?

Simply put, mediation is the process of negotiation between parties to settle a legal dispute. It differs from traditional litigation because there is no judge or jury present and no official procedure to follow. Rather, a neutral third-party mediator is tasked with guiding the discussion to promote conflict resolution.

The role of mediator is to help facilitate a settlement; both parties in dispute voluntarily make their own decisions about the outcome of the case. Unlike a court of law, settlements made via mediation are not coerced. The goal is for both parties to collaborate and arrive at a mutual compromise that each party will be happy with.

Common Mediation Cases

Mediation is particularly useful in cases in which you wish to preserve family or business relationships, but it can be applied to many other types of civil disputes, which include:

• breach of contract;
• discrimination in the workplace;
• contract modification;
• creditor and debtor disputes;
• employer and employee disputes; and
• conflict among estate heirs.

The Mediation Process

The mediation process tends to follow 6 stages (and last 1 or 2 days):

• Introduction – The mediator will open the proceeding with an explanation of the ground rules and a mandate of the negotiation process;
• Description – Each party, in turn, will describe its perspective on the dispute, voice concerns and share their ideas about how to arrive at a resolution;
• Discussion – Both parties may enter into a mutual discussion for each issue, or the mediator may have a private dialogue with each and relate the information back to the other party;
• Written agreement – When mediation is successful, a written agreement may be signed by both parties as a legally binding contract; and
• Advice – When the mediation approach is unable to find a resolution to the dispute, the mediator may summarize the progress that was made and provide advice on how to move forward with the case.

The Benefits of Mediation

There are several unique benefits of resolving your dispute with mediation:

• Faster Resolutions – Lawsuits may take months or years, while mediation may only take days or weeks;
• Cost effective – Because the duration of the mediation process is shorter, you will save money on court and lawyer fees;
• Private – There are no records or transcripts made during mediation that can be used against you at a later time;
• Flexible – Agreements are customizable and may provide unique solutions that would not be available to you in a typical lawsuit; and
• Satisfaction – Those who utilize the mediation process usually report higher rates of satisfaction because the settlement is a mutually agreed upon.

Contacting a West Chester Mediator

Our attorney mediators will ensure the mediation process is productive, creative and tailored to each unique situation. For more information on mediation basics or for a consultation, call 1-610-692-1371.

References:

http://adr.findlaw.com/mediation/what-is-mediation-.html
http://www.mediationwp.org/pg6.cfm
http://adr.findlaw.com/mediation/common-mediation-questions.html
http://adr.findlaw.com/mediation/the-advantages-of-mediation-cases-over-traditional-lawsuits.html

Stephen Lagoy

Steve Lagoy is a partner in the Pennsylvania law firm of Unruh Turner Burke & Frees, PC with offices in West Chester, Malvern, and Phoenixville, PA. For more information on how Steve Lagoy could assist you as an independent mediator, contact Steve Lagoy in our West Chester office.

By: David M. Frees III & Steve Lagoy

Once you have been acquainted with the basics of mediation, you can help to facilitate a settlement by applying some simple principles to the negotiation process.

Although the mediator’s job is to guide the discussion and help formulate unique resolutions based on each person’s needs, as a party to the mediation, you can empower yourself to ensure the process itself is successful.

The first step you should take is to prepare yourself thoroughly for the meeting. Write down all the key issues you wish to discuss, determine what your goals are and take some time to consider what issues aren’t as important to you. Secure any documentation that will aid your arguments and prepare to take an active role in the negotiation process.

Because the purpose of mediation isn’t about winning or losing the dispute, avoid pouring your energies into proving you are right. Be courteous and respectful – the other party will be less inclined to compromise if he or she has been insulted. Keep your emotions in check and focus on the issues – not the person. Attempt to view the issues from the other’s perspective; this will aid you in envisioning a fair resolution for both sides.

Contacting a West Chester Mediator

With a panel of experienced mediators,  the law firm of Unruh, Turner, Burke & Frees has proven skill for dispute resolution. Its attorney-mediators will ensure the mediation process is productive, creative and tailored to each unique situation. For more information on mediation basics, or for a consultation, call 1-610-692-1371 or 610-933-8069.

References:

http://themediationline.com/610/10-tips-to-successfully-negotiate-your-dispute-during-mediation/
http://www.nolo.com/legal-encyclopedia/mediation-ten-rules-success-34184.html

By: David M. Frees III & Steve Lagoy

You may have decided that mediation is a better option than litigation for your dispute in Pennsylvania. While that may be true, it’s important to know some of the myths surrounding this process.

The first myth is that mediation is always the best option to try first. While that can be true, it isn’t in every case. It will depend on the type of dispute and if both parties are willing to give and take.

The second myth regarding mediation is that it is more of a hassle than just leaving the dispute with a lawyer to handle. There will be work involved, no matter which way you go, so expect to deal with paperwork and documentation. But remember that it is usually much less complicated than going to court.

The third myth is that mediation is a cop-out. The reality is that this is your chance to voice what you think. It also can be a great way to develop your confidence and communication skills.

The fourth myth is that all lawyers support the process of mediation. Not all do, so you need to make sure if you are securing legal counsel it is with one who has experience.

The fifth myth of mediation is that you don’t need a lawyer. There are several ways that you would benefit from having one. Determining if you need a Pennsylvania mediation lawyer is important, especially in helping reach a final resolution.

Contacting a Pennsylvania Mediator

We have a team of experienced mediators to assist you.   Contact us today  at any one of our 3 offices – 1-610-692-1371, 1-610-933-8069 or 1-610-240-0750.

References:

NOLO

By: David M. Frees III & Steve Lagoy

A benefit of mediation is that control of the resolution remains in the hands of the conflicting parties. Since mediators can only offer neutral suggestions based on the facts provided, and because those suggestions are non-binding, parties can opt whether or not to implement those recommendations.

The need for mediation generally arises when one of several things happen:

• a decedent fails to leave behind a will and eligible heirs are locked in a dispute over the division of assets;
• the will left by the decedent does not incorporate, cover, or include all of the assets in the decedent’s estate, and the division of those assets is being disputed; or
• a decedent’s will is being challenged.

In each of these cases, the complicating factor is that the will is either incomplete or is not being respected. In most cases, inheritance disputes are solved when all parties oblige themselves to respect the word of the decedent’s will, but in cases where the will lacks clarity on a certain issue, the executor is expected to make a standing determination that best meets the needs of the parties involved.

Another complicating factor surrounding a will dispute is the possibility of severing a bond with a beloved family member over assets of the estate. Losing family members brings emotional undercurrents to the surface and family members can act in ways they might normally not, or overlook factors they might normally embrace. Mediation makes room for resolution and that facilitates the healing of these important familial bonds.

Consult a Pennsylvania Mediator

We have a team of experienced mediators available to facilitate the resolution of estate disputes. Contact us at  – 1-610-692-1371.

References:

http://www.mediate.com/articles/gromala7.cfm