Mediation

By: Stephen P. Lagoy

Facing 131 lawsuits filed by alleged victims of clergy sexual abuse, the Catholic Diocese of Wilmington, Delaware filed for bankruptcy in October 2009.  In a breaking development that signals a desire by both sides to resolve the disputes quickly, the Diocese and abuse victims are reported to have agreed to submit the cases to mediation.  Philadelphia lawyer/mediator, Thomas Rutter, has been proposed by the parties to mediate and bankruptcy Judge Christopher S. Sontchi is expected to approve Rutter next week.

For more on the Delaware diocese clergy abuse controversy and how the parties hope to resolve it through mediation see: delwareonline.com article.

If you would like to know more about how mediation can help you resolve business, estate and family disputes while avoiding or minimizing litigation, call mediator Stephen Lagoy.

By: Donald C. Turner

When, during the course of litigation, the possibility of mediation arises, clients frequently ask why they should spend the time and money to hire an independent third party to assist them in seeking to resolve a dispute. This is a good question and there are a variety of possible answers, depending on the facts and circumstances of the individual case. In many cases, one of the following reasons is why mediation is worth considering.

The first is time and money. If the mediation is successful, in many cases it will save significant time and money when compared to litigation.

A second reason mediation is worth considering is because it enables the parties to mold the ultimate resolution of the matter. For example, if a defendant is able to pay the amount demanded by the plaintiff but needs time to do it, a mediated settlement agreement, unlike a judgment, can provide for this.

If the dispute involves two parties who have a long history of doing business with each other, mediation offers an alternative to resolve the dispute in a manner which is much more likely than litigation to preserve the relationship and to allow business to continue into the future. This is a third reason to consider mediation.

The last reason is because mediation provides valuable feedback to the client and the lawyer regarding the strength of their case. Knowing what an objective third party thinks about your case, your witnesses and your evidence can be extremely useful in deciding if you should settle. If so, at what amount; and if not, this feedback will help you anticipate issues that are likely to arise at trial.

At the right point in the process, mediation may prove useful and effective.

Please contact Donald C.Turner for more information on mediation.

By: Stephen P. Lagoy

Not surprisingly, the crash of Continental Flight 3407 on its approach to Buffalo, N.Y. on February 12, 2009 has spawned lawsuits by the families of the 45 passengers, four crew members, one off-duty crew member, and one person on the ground, who died in the crash. The lawsuits have been filed against Colgan Air; Pinnacle Airlines; Continental Airlines, the company under whose name Colgan was flying; and Bombardier Aviation Services, maker of the Dash 8 Q400 twin-engine turboprop. Recently, U.S. District Judge William M. Skretny, who recently became the chief federal judge in Buffalo, assigned four local mediators to attempt to resolve the claims of the families of those killed. Mediation has been used extensively in Buffalo’s federal court since October 1995, when 400 lawyers came to the courthouse in hopes of clearing a logjam of 118 civil cases.

For more on the lawsuits the mediators will try to resolve, see http://www.nj.com/news/index.ssf

Please contact Stephen P. Lagoy for more information.

By: Stephen P. Lagoy

In the wake of the big War in Iraq, the country has become “the land of a hundred little wars.” American-trained mediators have come to play pivotal roles in resolving these local conflicts without bloodshed. Read the full story here:

http://www.boston.com/yourtown/wellesley

For more information, please contact our office

By: Stephen P. Lagoy

Mediation has become an increasingly common approach in resolving elder disputes, including such issues as inheritances and care-giving. Advantages of mediation over litigation in the elder context include controlling costs, maintaining the confidentiality of private family disputes, and maintaining family relationships. It is important that the mediator selected be be familiar with elder issues. For more on this topic, see this article in the Wall Street Journal.

Should you need help resolving an elder dispute, please contact Steve Lagoy in our West Chester, PA office or David Frees in our Phoenixville, PA and Malvern, PA offices. We are experienced in the mediation of elder issues including inheritances and care-giving.