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Find out how to mediate costly will and inheritance disputes by reading our article Mediation of Will and Inheritance Disputes.

Mediation is a great tool to resolve estate or real estate matters involving family members. To find out more about mediation call David M. Frees III for more information.

David Frees

David 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 David M. Frees could assist you as an independent mediator, contact David Frees in our Phoenixville office.

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.

In the face of the rising tide of mortgage foreclosures, mediation programs in three Ohio counties are having very positive results.  Foreclosure mediation initiatives in Warren, Greene and Montgomery Counties differ in the processes by which services are provided.  However, they are all court-related and they share a common result – successful foreclosure avoidance.  The programs focus on initiating and facilitating communication between borrowers and lenders.  That factor is pointed to by participants as key to the programs’ successes.  To read more about the Ohio experience, see:

http://www.daytondailynews.com/news/dayton-news/mediation-preventing-many-local-foreclosures-1049983.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 third party foreclosure mediator, contact Steve Lagoy in our West Chester office.

Pennsylvania’s Mediation Statute protects from the discovery process, communications occurring during mediation, and also documents that are created during mediation.  A few limited exceptions to confidentiality are identified in the Statute, which exceptions apply in circumstances where there are:

• Later legal proceedings to enforce a mediation agreement
• Felonious threats of bodily harm or damage to real or personal property
• Fraudulent communications relevant in an action to enforce or set aside a mediation agreement
• Documents that exist independent of a mediation

Unless one of the above exceptions is present, the protection afforded mediation communications and documents, is generally regarded as sacred within Pennsylvania’s state court system.

Mediation confidentiality is less clear within the federal court system.  Some federal districts observe a federal mediation privilege by applying Federal Rule of Evidence 501, while others do not.  The Third Circuit has not addressed the question of a federal mediation privilege.  The ADR Act of 1998, mandated district courts offer at least one ADR option, and promulgate local rules addressing the confidentiality of the ADR process.  As an example, the Western District  of Pennsylvania crafted a local rule that provided for a presumption of confidentiality, but permitted the use of a balancing test to determine whether, in any given circumstance, the benefits of preserving confidentiality were outweighed by the benefits of requiring disclosure.   In Gatto v. Verizon Pennsylvania, Inc. the use of such a balancing test resulted in a mediator being subpoenaed to testify.  Following Gatto, the local rules for the Western District were amended to provide greater confidentiality protections.

Confidentiality is an essential component of mediation.  Mediators must therefore be always mindful of confidentiality issues, and be ever vigilant to protect and preserve the confidentiality of the mediation process.

Nancy Glidden

Nancy Glidden is an attorney at Unruh, Turner, Burke and Frees, Nancy practices in the areas of Pennsylvania mediation and arbitration. The firm maintains law offices in Malvern, Phoenixville, and West Chester Pennsylvania which serve the Main Line, and many surrounding communities such as Devon, Exton, West Chester, Ardmore and others.

A judge in Bonner County, Idaho has appointed a mediator to attempt to resolve a first-degree murder case.  Unbelievable?  The judge’s action was in response to a joint motion made by the County Prosecutor and the defendant’s attorney.  The mediator will be paid with public funds.  The case involves a theft-related shooting death near Coolin, Idaho in January, 2007. The victim died of a .22-caliber gunshot wound to the face.  The defendant and his former wife fled the region after the shooting and were tracked to Fort Myers Beach, Fla. They were arrested several months after the slaying and were charged with first-degree murder and grand theft by possession of stolen property. The latter offense stemmed from a $56,000 escrow check that belonged to the victim.  The ex-wife has pleaded guilty to second degree murder.  If the mediation is not successful, an eight-day trial is anticipated.

For more information, contact Stephen P. Lagoy.

Why is mediation helpful? Mediation is both cost efficient and a time saver for all the parties involved in a dispute. With both parties setting the terms of the mediation as opposed to the Court, the disputing parties can determine where and when the mediation will take place. Mediation can also preserve already established business relationships, whereas those relationships are often irreparable when a case is decided in a jury trial.

For more information, please contact Steve Lagoy in our West Chester, PA office at 610-692-1371

What are the qualities of a good mediator? A good mediator listens intently, understands human nature, and withholds evaluative judgment. A good mediator lets the mediation process unfold. A good mediator is patient.

For more information on how mediation can help you to resolve a family, business or other conflict, call Stephen Lagoy at 610-692-1371 or contact him at slagoy@utbf.com.

The Texas Rangers own the longest winning streak in the major leagues this year (eleven) and currently have a healthy lead in the American League’s West Division.  Success on the field has not translated to financial bliss, however.  The Rangers’ present ownership filed for Bankruptcy in May to complete a sale of the club to a group headed by Rangers’ president and Hall of Fame pitcher, Nolan Ryan.  Now, the proposed sale has been postponed by Bankruptcy Judge D. Michael Lynn who has ordered the parties to continue mediation to try to resolve opposition to the proposed sale by creditors who lent $525 million to the present ownership.  Given baseball’s July 31 trade deadline, the postponement could impact the Rangers’ ability to acquire players from other teams for an anticipated pennant run. 

For more on the role mediation will play in the Rangers’ bankruptcy, see the article from Bloomsberg Business Week.

For more information contact Stephen P. Lagoy.

Attorney Stephen P. Lagoy is a partner in Unruh Turner Burke & Frees with offices located in West Chester, Malvern and Phoenixville, PA. Contact Steve Lagoy for more information on how you may benefit from the experience of a trained mediator.

Individuals and corporations should consider using mediation as a way to resolve disputes outside of the courts.   In this short video, Attorney Stephen P. Lagoy describes what mediation is and how you can use mediation to solve a dispute without the time and expense of the judicial system.

Steve Lagoy is a partner in the 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 third party mediator, contact Steve Lagoy in our West Chester office.