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Author Archives: Stephen Lagoy

Mediation During the Pandemic

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To say that COVID-19 has changed the way we mediators do things would be a gross understatement. We now operate in a legal world where courthouses are closed to the public, trial lists have been put on hold, cases have been postponed indefinitely and social distancing has made mediations impossible. Or has it? This week, …

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National Representation in Mediation Competition: Bright Future Ahead for Mediation

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Author: Stephen P. Lagoy The Dispute Resolution Section of the American Bar Association sponsors an annual law student mediation competition known as the “National Representation in Mediation Competition.” This program, using a role-play format, introduces law student participants to the challenges of representing clients in mediation. According to the ABA, the judging …

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Cookies And Compromise: The Role Of Food In Mediation

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Author: Stephen P. Lagoy Anyone who knows me is aware of the fact that food occupies a fairly prominent position in my life. Even if you don’t know me, one look at my photograph ought to tell you that. For me (and I suspect the majority of people), food is not just sustenance. Food …

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Give it Time: Tips for Mediating the Litigated Personal Injury Case

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Personal injury lawsuits are a category of disputes marked by several unique characteristics that must be taken into account by the mediator. While the underlying facts may vary from case to case, the great majority of injury cases have much in common, starting with the dissimilarity of the parties. Plaintiffs come into the mediation having …

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Terms of Art In Alternative Dispute Resolution

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“What’s in a name? That which we call a rose By any other name would smell as sweet.” Romeo and Juliet (II, ii,1-2) Author: Stephen P. Lagoy While it may have worked with the Montagues, Juliet’s soliloquy doesn’t fit in the lexicon of Alternative Dispute Resolution. As an ADR Practitioner, I am surprised …

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Chester County Mediator Explains Purpose of Caucus

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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 …

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Pennsylvania Mediator Explains the Mediation Process

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By: Steve Lagoy If you are trying to resolve a legal dispute and negotiations have failed, you may need to turn to mediation as a solution. Unlike a judge or arbitrator who decides the winner and the loser in any given case, a mediator’s job is to help both parties reach a mutually …

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West Chester Mediator Explains Mediation Basics

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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? …

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What is the cost of estate mediation in Pennsylvania?

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By: David M. Frees III & Steve Lagoy The cost of estate mediation depends on the dispute resolution needs that you and your particular situation require, but most Pennsylvania mediator services make several fee arrangements available to their clients, such as paying by the hour or paying a flat fee for a half …

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Pennsylvania Mediators Dispel 5 Mediation Myths

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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 …

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When to Use Small Business Mediation in West Chester, Pennsylvania

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By: Steve Lagoy Mediation can be a great choice for small businesses looking to resolve a conflict quickly and quietly. Whether it is a dispute or disagreement within the company itself, or an issue with another business government entity, vendor, or client, small business mediation aims to provide an agreeable solution for both parties …

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PHFA Model Notice – No Safe Harbor – The Extensive Implications of Beneficial Consumer Discount Co. v. Vukmam

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By: Kristen Wetzel Ladd The Pennsylvania Superior Court issued a recent decision which may impact many pending mortgage foreclosure actions and cause lenders to look more closely at notices that are sent. The case involved the question of whether the Act 91 Notice (required under 35 P.S. § 1680.403c) sent by Beneficial to a mortgagor …

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Mediation May Be Key to Saving the 2011 NFL Season

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With the future of a $9 billion revenue stream at state, NFL owners and players have turned to mediation for help in finding common ground.  Representatives of the two sides met with Mediator George Cohen for 8 hours on March 1 at the Federal Mediation and Conciliation Service in Washington, D.C.  After 9 months of …

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Ohio Foreclosure Mediation Programs Are Successful

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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.

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Securities Arbitration: FINRA May Reconstitute Panels

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By: Stephen P. Lagoy The Financial Industry Regulatory Authority (FINRA), which administers the arbitration program to which brokerage customers must bring their complaints, is considering using arbitration panels comprising all “non-industry” members.  Presently, panels must include at least one industry member among the three-person panel.  The remaining member(s) are “public” (i.e. from outside the …

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Chrysler Changes Its Tune On Terminated Dealers

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By: Stephen P. Lagoy After initially indicating that terminated dealers would be reinstated through the federally-mandated arbitration procedure or not at all [see blog post: Chrysler and GM Take Different Approaches to Dealer Arbitration], Chrysler now says that it will offer to reinstate 50 of the 789 dealerships it terminated last year.  The …

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Chrysler and GM Take Different Approaches to Dealer Arbitration

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By: Stephen P. Lagoy Unlike GM, which has notified more than half of its terminated dealers that they will be offered reinstatement without going to arbitration, Chrysler has announced that dealer reinstatement will occur through arbitration, or not at all.  The key difference in the approaches of the two auto manufacturers may lie in …

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Second Offense DUI….Do I have Options?

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By: Christoper L. Turner If you are arrested for driving under the influence of alcohol (DUI), and this is your second offense, you may be wondering if you have options concerning sentencing. In other words, is there any alternative punishment options to the mandatory penalties imposed under the DUI laws? Fortunately, there are. The …

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Baseball Arbitration: Part III

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By: Stephen P. Lagoy Baseball arbitrations (see previous blog posts here and here) have become increasingly rare as the owners and players opt to negotiate a contract rather than place their fate in the hands of an arbitration panel. The only exception thus far this year has been the case of

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1400 GM and Chrysler Dealers Request Arbitration

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By: Stephen P. Lagoy The American Arbitration Association reports that more than 1400 auto dealerships have already applied for arbitration under the government-mandated program for terminated dealerships. AAA will assemble panels to decide the cases over the next 6 months but expects that many cases will settle. For more on the reaction of both …

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GM outlines arbitration process for dealer reinstatement arbitration

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By: Stephen P. Lagoy General Motors is prepared to proceed with a Congressionally-mandated program that will allow 2000 of GM’s closed dealerships to appeal the closure decision through an independent arbitration process. Dealers who want to file for reinstatement must do so through the American Arbitration Association and commence arbitration by Jan. 25. Under …

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Baseball Arbitration: Part II

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By: Stephen P. Lagoy At this time of year, sports pages are filled with articles about whether or not major league baseball teams have “offered arbitration” to their free agent players. What does this mean and what are the implications of the decision? For a primer on this subject, see http://bats.blogs.nytimes.com/2009/12/01/the-arbitration-decision/. For a …

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Car Dealers To Use Mediation and Arbitration

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By: Stephen P. Lagoy Congress has approved a plan that would allow 2000 terminated car dealers to pursue third party mediation and arbitration with GM and Chrysler with the possibility of being reinstated. For an analysis of this alternative dispute resolution process and its chances of being successful, see http://online.wsj.com/article/. For more information …

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Baseball Arbitration: Part I

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By: Stephen P. Lagoy At this time of year, sports pages are filled with articles about whether or not major league baseball teams have “offered arbitration” to their free agent players.   What does this mean and what are the implications of the decision?  For a primer on this subject, see http://bats.blogs.nytimes.com/2009/12/01/the-arbitration-decision/

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Streamlined Binding Arbitration

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By: Stephen P. Lagoy An insurance industry group will experiment with an expedited form of binding arbitration designed for small, uncomplicated disputes. The Association of Insurance and Reinsurance Run-Off Companies has announced the development of a new streamlined dispute resolution procedure the elements of which include a single arbitrator, discounted fee structure, and no …

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Cookies and Compromise

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By: Stephen P. Lagoy An experienced commercial mediator told me about a recent mediation in which there was a great deal of animosity among the parties, so much so that they refused to be in the same room at any point in the mediation. During the course of the mediation, my colleague served several …

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Investment Losses and Arbitration

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By: Stephen P. Lagoy Investment losses? Here’s an article that explains how you may be able to use arbitration to recover. http://www.usnews.com/money/blogs/Fund-Observer/2009/09/23/could-arbitration-help-you-recover-investment-losses.html For more information on how arbitration, mediation and alternate dispute resolution can help you and your business, contact our office.

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Arbitrators: What is their value?

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by: Stephen P. Lagoy Here is an article from the Dallas Morning News on arbitrators that you may find interesting.  For more information on how alternative dispute resolution, mediation or arbitration could help you, please contact our office.

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Large Corporations Use “Early Intervention” ADR to Control Litigation Costs

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By: Stephen P. Lagoy It has been estimated that, if all costs are included, Fortune 500 Companies’ total litigation costs average about one-third of their after-tax profits!  This fact has led large corporations to increasingly utilize creative non-traditional approaches to dispute resolution.  One advantage of private dispute resolution is that the parties can customize …

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Justice O’Connor’s view on Arbitration

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By: Stephen P.  Lagoy You may find interesting retired Justice O’Connor’s view on arbitration in this excerpt from the August 10, 2009 on line edition of the Wall Street Journal: WSJ: Has your circuit service affected your views of mediation, arbitration and other alternatives to litigation? Justice O’Connor: Well, I have been a strong advocate …

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How the Arbitration Process Works

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By: Stephen P. Lagoy If you are interested in how the arbitration process works, read this article from a recent edition of Forbes Magazine. For more information on types of alternate dispute resolution, please contact our office.

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How Comprehensive Mediation Can Work For You

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By: Stephen P. Lagoy As reported in the National Catholic Reporter Online Edition, several sex abuse cases in the Chicago Archdiocese were recently settled through the use of a Comprehensive Mediation Process. To view the article in the National Catholic Reporter about their successful use of arbitration and mediation, click here. For …

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Baseball Arbitration – Could it work for you?

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By: Stephen P. Lagoy One approach to alternative dispute resolution is called “baseball arbitration.” It is patterned after major league baseball’s salary arbitration rule. This is the rule that was saved by then U.S. District Court Judge Sonia Sotomayor, President Obama’s Supreme Court nominee, when she issued an injunction ending a long player strike …

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Auto insurance: uninsured and underinsured motorist coverage

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By: Stephen P. Lagoy When someone asks, “How much insurance coverage do you have,” most people respond with the limits of their liability coverage. This coverage protects you from claims and lawsuits by others for automobile-related injuries that you may have caused. In essence, liability insurance protects other people from your negligence.  There is …

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Auto insurance: full tort vs. limited tort

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By: Stephen P. Lagoy Selecting “full tort” coverage gives you the unlimited right to sue for automobile-related non-economic damages such as pain and suffering caused by the carelessness of another driver. In contrast, “limited tort” coverage allows you to sue for these damages only if you suffer a “serious injury”. Under the law, “serious …

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Auto Insurance: what’s the best protection for you and your family?

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By: Stephen P. Lagoy You and your family are at risk from automobile-related injuries if you don’t have both full tort and uninsured/underinsured motorist coverages at the maximum permissible levels under your policy.  Many people decline these coverages because they believe that, by doing so, they will reduce the cost of their automobile insurance.  …

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Why Mediation?

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By: Stephen P. Lagoy Mediation may be defined most simply as facilitated negotiation.  Unlike litigation and arbitration, mediation does NOT involve a decision maker nor are there formal proofs or arguments.  Its goals include avoiding or breaking impasses, diffusing controversy, and encouraging parties to generate settlement options.  These goals are foreign to the adversarial …

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Unruh, Turner, Burke & Frees – Litigation

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Welcome to the Litigation Section’s blog. Our firm is located in West Chester, Chester County, Pennsylvania, and Phoenixville, Chester County, Pennsylvania. This blog is intended to provide a litigator’s perspective on a wide range of specific legal issues, along with commentary on emerging legal trends. The content is intended to be useful to individuals and …

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