Monthly Archives: August 2015

Choosing a Mediator for Personal Injury Mediation in Houston TX

Personal Injury

Selecting a proper mediator for personal injury mediation in Houston Texas makes reaching settlement much more likely. Whether you represent the plaintiff or the defendant in a personal injury case, there are qualities you (and opposing counsel) should seek in a mediator. As you prepare for personal injury mediation in Houston Texas, be sure to keep the following characteristics in mind.

First, do not fret over whether the mediator has primarily represented plaintiffs or defendants in previous practice. In many cases, it is beneficial to use a mediator with experience on the “other” side of the claim. These mediators are able to offer additional insight into the strengths and weaknesses of the case, and may be able to assist in anticipating the opposing side’s arguments.

Select a mediator who mediates cases often. Although most mediators complete similar training before they earn their certifications, those who mediate frequently will be more experienced in the nature of personal injury claims and the emotions they involve.

Similarly, it is also important that the mediator has reached settlement in a majority of personal injury cases. A high rate of settlement speaks volumes as to the mediator’s negotiation style and ability to overcome perceived impasses.

Consider your clients’ personalities as well when seeking a mediator. Would your client fare better with a mediator that allowed them more leeway in making decisions, or would a mediator that discloses what a judge may rule be better?

With these tips in mind, you will find an excellent mediator.

Preparing for Contract Mediation in Houston TX

Contract Mediation

As with most legal processes, thorough preparation is key to success. Although most attorneys do not feel that mediation requires the same level of preparation as if they were conducting a trial, the reality is that mediation often provides the chance to settle the case on a final basis, so taking preparation seriously is a necessity. Planning well for contract mediation in Houston Texas makes settlement much more likely, as the attorneys are better prepared to help their clients negotiate and make an informed decision about their case. As attorneys approach contract mediation in Houston Texas, they should take certain steps to prepare.

The approaching mediation session may be the hundredth for the attorneys, but it is likely the first for the clients. Many attorneys underestimate the importance of preparing their clients for mediation. Most clients experience anxiety about litigation and legal claims because they do not know what to expect. Attorneys should meet with their clients prior to mediation and walk them through what to expect during the session. During mediation, the clients will be able to focus on settling the case, instead of wondering what will happen next.

Attorneys should also take the time to review their case file prior to mediation. In cases that have been active for some time, the attorneys may have forgotten a few facts or events that may be relevant during mediation. Another good practice is to create a separate mediation folder and place necessary documents in it for quick reference during mediation.

Construction Mediation in Houston TX Save Clients’ Money and Time

Construction

Attorneys are well aware that most clients have little idea as to how much litigation can cost—and how frustrated they become when these costs and expenses begin adding up. Unfortunately, many clients think that attorneys want to make as much money as possible, no matter how it may impact the client. However, by explaining the benefits of construction mediation in Houston Texas, attorneys will alter these clients’ perception of attorneys while saving them time and money in their cases. In fact, attorneys should explain the benefits of construction mediation in Houston Texas early in their cases.

Whether attorneys represent plaintiffs or defendants in construction claims, their clients will save thousands of dollars in legal fees and court costs if they mediate and settle their case prior to trial. Defendants will save on the hourly rates they have to pay their attorneys, as the case may be significantly shortened. Both parties will save on the expenses involved with trial preparation, such as hiring experts and preparing exhibits. Plaintiffs may also be able to negotiate a better settlement than they may receive in court for various reasons.

Clients must also be made aware of how long construction cases may take to reach the trial phase. In many jurisdictions, it can take at least a year or two to schedule a trial date. Although many clients demand their day in court, they may change their minds once they realize they may be able to finalize their claims much earlier with construction mediation.

Mutual Benefits of Trade Secrets Mediation in Houston TX

Trade Secret

Trade secret cases involve a number of different situations. They may stem from an employee’s breach of an agreement or a careless error that revealed confidential business information. Regardless of the nature of the trade secret claim, trade secrets mediation in Houston Texas offers a variety of benefits to both sides. Trade secrets mediation in Houston Texas has been used to settle a number of these claims.

Businesses enjoy the privacy guarantees that trade secrets mediation provides. Business owners and managers prefer to keep their businesses out of any litigation, for fear that it will damage the business’ reputation and prevent it from entering any new deals with other organizations. Since mediation may be scheduled prior to filing a lawsuit, business clients may be able to resolve a dispute before it is ever public record. These business clients would also prefer to discuss the nature of the claim in the confidential setting of mediation, as opposed to the public forum of a courtroom.

If certain individuals, such as employees or former employees, are involved in a trade secrets case, they will also appreciate the more relaxed setting that mediation provides. These individuals would much rather attempt to mediate the case instead of being subjected to relentless cross-examination from the company’s attorneys on the witness stand. Additionally, rather than waiting a ruling at the end of the case, these parties maintain a degree of control as to how the case is resolved. Such power is not provided in court.