Small Business Resources, Business Advice and Forms from AllBusiness.com
 

Middle Ground: The art and Science of Mediation

By O'Brien, George
Publication: BusinessWest
Date: Monday, November 1 2004

Lisa Brodeur-McGan has a pony is named after her.

That was a reward, if you will, for the Springfield attorney's successful attempts to bring the animal back into the life of a 9-year-old girl who had become the plaintiff in an intriguing test of the judicial system and a textbook example of

the effectiveness of mediation as a means of resolving disputes.

To make a long story short (or at least shorter), the pony had been given to another party in what is known as a 'free-lease' arrangement following the divorce of the girl's parents. Under the terms of the oral agreement, the party that took the pony cared for it, trained it, and charged people for rides on it. In the process of all that, the pony was groomed into a prize-winner.

And when the girl's mother bought a new home and was able to take the animal back, the party that cared for the pony didn't want to part with it and claimed it didn't have to. An injunction was filed, and a lengthy discovery period ensued. It was during this time that both parties realized that mediation - a process by which an impartial third party is hired to help two sides reach an agreement and thus avoid litigation - was the best route to take.

In addition, make sure to read these articles:

  • Should Your Contract Contain an Arbitration Clause?
  • In the event of a contract dispute, arbitration can reduce the legal fees for all parties involved.
  • Factors for Considering Mandatory Arbitration of...
  • When it works well, arbitration of employment claims can be an effective form of alternative dispute resolution (ADR) that can benefit both employee and employer.
  • Alternative Dispute Resolution is an...
  • DUBLIN, Ireland -- Research and Markets (http://www.researchandmarkets.com/reports/c74086) has announced the addition of "Alternative Dispute Resolution Client Strategies: Leading Lawyers on Preparing for Arbitration and ......
  • Remote possibilities: Local start-up brings Net...
  • It is a stated goal for most new businesses to provide a product or service that no one else is providing - or at least ......
  • Split Decisions
  • The dream house. Couples spend years working hard and saving the money for it. They expend incalculable time, energy, and emotion building it, decorating it, ......
  • Making Dollars and Sense
  • John Discenza smiled and repeated a question he's heard before: "You guys are lawyers - what do you know about investments?" ...
  • Growth Policy
  • Joe Fico says the next 12 to 18 months should an intriguing time for the 4 Banknorth Insurance Group. Indeed, the Portland, Maine-based company, the ......
  • On the Defensive
  • Bed sores and injuries have always been problems for nursing homes. But in the past few years, such negative aspects of elder care have become ......
  • 20 Years of Business Law: Law and Order?
  • Some of the changes that have transpired in the legal industry over the past 20 years are very visible. Start with the Springfield phone book ......
  • The Civilized Approach, Divorce Mediation Group...
  • When Bruce Clarkin started his new venture in 1989, more than a few of the calls he received were from people wanting to know more ......
  • On the Shelf
  • Noble Hospital was scheduled to break ground this month on a multi-faceted expansion project that would add a medical office building and a new lobby ......
  • Some advice--On the house
  • Elizabeth Murphy describes the process of building or remodeling a home as a journey. And she wants to create the road map. Murphy recently launched ......
  • Center of Attention
  • MassMutual hired 1,000 new people last year. All those individuals had to receive lengthy orientation on everything from MassMutual's corporate culture to its rules and ......
  • Putting His Finger on a Solution
  • Joe Turek was in Florida on business during what he thought were the final days of the 2000 presidential election, before it turned into a ......
  • Policy Maker
  • Timm Marini says he could always guarantee what he could do. "I always knew my abilities and my limitations; I focused on my own input ......