We Listen.

What to expect from the Mediator

By: Donald C. Turner What should one expect from the mediator?  To start the mediator should provide a mediation agreement that sets forth, at a minimum, the procedures for the mediation, the fees involved, and the confidential nature of the mediation. Once the mediation commences the mediator’s tasks are to (1)create a favorable condition for …

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5 Essential Steps to a Successful Mediation

By: Donald C. Turner Clients often ask what it takes for a mediation to be successful, i.e., result in a final resolution of the dispute between the parties. Based on my experience there are 5 steps which are essential to a successful mediation.  Those 5 steps are: (1) pick the right time to mediate, …

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Willingness to Compromise a Must in Mediation

By: Donald C. Turner A mediation is an exercise in compromise resolution.  In my all years of experience as both a mediator and as counsel to a party to a mediation I have yet to see a mediation where one party achieved everything it had originally demanded and the other party totally capitulated.  Though …

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Settlement Authority is a Prerequisite to a Successful Mediation

By: Donald C. Turner In order to maximize the possibility that a mediation will be successful the mediator needs to assure that all parties come to the mediation with the authority necessary to resolve the dispute. However with institutional parties, such as insurance companies, the representative will often have only limited authority to settle. …

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Set Aside Adequate Time to Mediate

By: Donald C. Turner If a mediation is to result in the final resolution of a dispute the parties need to understand that it may take significant time to achieve such an outcome. This is so because the mediation will first require that time be spent on permitting each party to state its position …

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Selecting the Mediator

By: Donald C. Turner The success of a mediation often depends on the mediator and his or her ability to bring the parties together and help them bridge the gap between their different positions. When selecting a mediator the parties should consider, among other things, the mediator’s style, the mediator’s subject matter expertise, and …

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The Right Time to Mediate

By: Donald C. Turner One of the keys to a successful mediation is knowing when it is time to mediate. Starting a mediation prematurely is unlikely to lead to a resolution and often makes the parties disinclined to try mediation at a later point when it might very well be successful. So what is …

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GM and Chrysler Dealers Can Arbitrate

By: Donald C. Turner Was your dealership terminated by GM/Chrysler? The United States Congress, as part of a $1.1 trillion spending bill, has voted to give terminated General Motors and Chrysler dealers the right to challenge their terminations through arbitration. This legislation requires the arbitrator to balance the economic interest of the covered dealership …

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Piercing the Corporate Veil

By: Donald C. Turner Most closely-held businesses operate as either corporations, limited liability companies, or limited partnerships. There are many reasons for doing so, including tax implications. One of the primary reasons for operating in such a fashion is to protect the individual owners from personal liability for the obligations of the business enterprises. …

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Protection for Those Engaged in Real Estate Design and Construction

By: Donald C. Turner If you are involved in the design, planning, supervision or construction of improvements to real estate in Pennsylvania, you should know that there are state laws that limit the time period to make claims based on defective design or construction and for injuries that arise out of design or construction …

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Equine Law

By: Donald C. Turner Many Chester County residents use their property, in whole or in part, for various types of equine activities. Regardless of whether the use is of a personal or a commercial nature, these activities pose a variety of risks to property owners, horse owners, riders and trainers. As a result, those …

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West Chester, PA
17 West Gay Street
P.O. BOX 515
West Chester, PA 19380
(610) 692-1371
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120 Gay Street
P.O. Box 289
Phoenixville, PA 19460
(610) 933-8069