State Mediation programs are developed to assist agricultural producers, their creditors, and other persons directly affected by the actions of the USDA to resolve disputes thereby reducing the participant's cost associated with administrative appeals, litigation, and bankruptcy. The USDA Mediation Program gives farmers and ranchers a confidential way to resolve disputes.
Arbitration is one of various methods that together are referred to as alternative dispute resolution or ADR. As suggested by the name, the idea behind methods of ADR is to provide an alternative to filing a lawsuit and going to court, which is the traditional method for resolving legal disputes. Arbitration and similar alternatives were primarily designed to provide for a streamlined and cost-conscious option to deal with a legal issue.
Whether it is a dispute involving a particular bank or complex banking regulation, all could benefit from a pragmatic early settlement, or If it is a complex multi-party dispute between institutions who would otherwise expend substantial sums in legal fees, mediation is often the best option in the banking arena - and something at which we excel.
It doesn’t matter if you’re a multi-national corporation, a tech start-up or a small or medium-sized enterprise: no company benefits from litigation. Increasingly, once the strengths and weaknesses of respective positions are understood, businesses are recognizing that mediation can resolve destructive disputes without the drain on time and resources that going to court can involve.
Conflict resolution is a method of resolving any type of conflict with the assistance of a neutral party. Alternative Dispute Resolution (ADR) is a concept that encompasses a variety of mechanisms by which conflicts are identified, addressed, and resolved. In other words, ADR offers creative outside-of-the-box alternatives to litigation which avoids delays, exorbitant fees, and discontentment.
Disputants outside of the court setting are always entitled to choose their own neutrals. Nothing in these rules will infringe upon the right of parties to choose any third party to assist in dispute resolution prior to filing a case with the court. However, when the parties have been referred to an ADR process by the court, the court is responsible for the integrity of the process. For this reason, neutrals in a court-annexed or court-referred ADR process will be chosen from our neutrals registered with the Georgia Office of Dispute Resolution.
Consumer rights and consumer protection law provides a way for individuals to fight back against abusive business practices. These laws are designed to hold sellers of goods and services accountable when they seek to profit by taking advantage of a consumer’s lack of information or bargaining power.
Some of the most heated disputes that come to mediation are between employers and workers. They involve cases claiming discrimination, sexual harassment, wrongful termination, breach of contract, retaliation and whistle-blower claims, and issues of wages and hours, family leave, non-compete agreements, trade secret violations and tort claims.
Family disputes are often the most contentious and personal disputes of all. Whether the disputes are between husband and wife, same-sex marriages or couples, family vs. family, or parent-child custody, no issue surrounding a family dispute is ever resolved in an acceptable or emotion-free manner when a court is involved.
In a courtroom, medical malpractice is one of the most difficult and most complicated claims to prove. In mediation, however, the process is different. By agreeing to mediation, the insurer/injured person are saying that they want to put the dispute behind them, and that they want to avoid a high-risk situation like a jury. The main goal in mediation, then, is that the solution be reasonable and fair.
A Medicare Set-Aside is a financial agreement that allocates a portion of a settlement to pay for future medical services related to a workers' compensation illness or disease. Often, an MSA is so expensive that it precludes the ability to resolve a case. Our mediators and nurse case managers specialize in meeting with the parties to develop a plan that can reduce the anticipated MSA.
The fear of bankruptcy and often misinformation can keep people trapped in debt for years. most people are embarrassed to think about filing a bankruptcy, but they are most frightened by the inability to rent or buy a house, buy a car, or lose personal property when they file bankruptcy.
Many employers or individual workers purchase short-term disability and long-term disability policies. Although the federal government provides disability benefits when an individual has reached appropriate standards, disability claims are often the sole protection for a severely injured or disabled individual. These claims can often result in complicated forms, medical treatment, and court resolution. Mediators can provide assistance in resolving disputes in many of these disability claims prior to costly delay in receiving much needed benefits that are often life changing without them. Whether disability benefits are due or not, prompt resolution benefits all.
The phrase Human Resources encompasses a wide variety of employment obligations and employee rights. Human resource professionals must make decisions on a wide variety of state and federal laws. Human resource professionals deal with employer training on claim investigation; development of worker compensation programs; early claim assessment; family and medical leave disputes; and Americans with Disabilities Act with amendment. These are just a few areas of a very complicated array of state and federal requirements facing all employers.
Innovative Mediation Solutions invites disputants in both commercial and residential rental properties to submit their disagreements. We also work with Georgia courts to mediate cases in which mediation has a good chance to successfully resolve landlord-tenant disputes.
It is common for landlords and tenants to submit their disputes to mediation for resolution.
Our treasured senior citizens are affected by many federal, state, and local laws and regulations. Many of our seniors depend on the government for housing, basic income, and healthcare. Many seniors find it confusing in dealing with the "Red Tape" created by these many laws and regulations.
In workers' compensation claims, a wide variety of medical practitioners are often utilized to treat an injured worker. Nurse case managers often assist attorneys or insurance companies in managing the wide variety of medical needs to effect a cure or give relief to an injured worker.
In personal injury disputes, the attorney/mediators of IMS serve as a neutral third party to help work through areas of disagreement. In personal injury mediation, there are usually five parties present:
- The plaintiff who filed the claim
- The plaintiff's attorney
- An insurance company claims adjuster
- The insurance company's defense attorney
- The mediator
Every manufacturer of every product is held to a certain standard of care when producing, promoting, and distributing their product. If any negligence exists as a result of an injury from the use of that product, then the injured party may bring a products liability claim.
Vocational rehabilitation is to assist an injured individual with their medical needs. Federal and state laws for vocational rehabilitation services, professional development and special projects and demonstration, equal opportunity employment for individuals with disabilities, independent living services and centers for independent living, and other services are available but often difficult to obtain due to the complexity of applying for these programs.
Intellectual property refers to the creation of the artistic works including music and literature as well as discoveries, inventions, words, phrases, symbols, and designs. Intellectual property is divided into two categories: artistic inventions and creations, which refers to creations of the mind. Industrial property includes patents for inventions, trademarks, industrial designs, and geographical indicators.
As with family law, trusts and estates often deal with conditions on how and when one's assets are to be distributed after death. They can be used to reduce estate and gift taxes, and if appropriately prepared, they are designed to distribute assets to heirs efficiently without the cost delay and publicity of probate courts.
In workers' compensation mediation, the two parties begin by making an opening statement, describing and giving reasons for their point of view in the case. After that, the two sides separate, and the mediator moves back and forth between the two parties providing guidance and neutral insight to both parties as well as delivering messages from the other side. It is expected that information offered within the mediation remain confidential.