United ADR LLC

08/01/2022

08/01/2022

Do you need an opening statement ?

Mediation Strategies

The Need for Opening Arguments

Every litigator or claims professional will tell you that a successful mediation starts with a sound strategy going in. “Have a plan” most experienced negotiators will tell you. Well, as Mike Tyson once said… “everybody has a plan until they get punched”. In most mediations everyone gets punched a bit, and it is far better to be prepared to pivot when needed that to rigidly hold your position. So, while I agree that a plan is good strategy, I will tell you that there are many other things that go into conducting a successful mediation. In this article I will specifically talk about the opening argument or statement. More importantly, I will explain why this statement is not typically necessary and should be avoided in many ADR proceedings.

Read full article here:
https://unitedadr.com/do-you-need-an-opening-statement/

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United ADR LLC
332-237-4777
[email protected]

07/29/2022

The popularity of alternative dispute resolution (ADR)

The popularity of alternative dispute resolution (ADR) to resolve personal injury and contract claims is well established. The process is more efficient, less expensive and avoids lengthy delays that are endemic to the court system. Parties can also attain a certitude of results, without lengthy and costly appellate processes.

Recently, the efficiencies of ADR have expanded to the field of Trusts and Estates. The Surrogate Court system, where estate matters are litigated, is overburdened with cases, which are easily resolvable by mediation;arbitration; or most recently, binding mediation.

Read full article here:
https://unitedadr.com/the-popularity-of-alternative-dispute-resolution-adr/

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United ADR LLC
332-237-4777
[email protected]

07/24/2022

Technology & Security

United has everything you need to get your matter resolved in the best possible way and in the most secure environment.

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United ADR LLC
332-237-4777
[email protected]

07/16/2022

Getting to the Virtual Mediation Table

Wanting to resolve your case or matter using the tools of ADR is really just one small step in the dispute resolution process. Anyone who has been involved in the mediation business from any side of the table has heard the most common phrase against mediating a dispute – “We’re too far apart.” The idea or the perspective that the parties are “too far apart” is the main reason why individuals, companies and business adversaries are unwilling to mediate, in my opinion. Those argue against an ADR attempt claim “It would be a waste of time and money since the other side is so unreasonable,” or “It would be a waste of time and money because the other side is so irrational.” On the surface these perceptions seem logical and reasonable, but they are phantom excuses and false rationales that prevent some folks from getting the result they desire at a far smaller cost.

Read full article here:
https://unitedadr.com/getting-to-the-virtual-mediation.../

Contact us!
United ADR LLC
332-237-4777
[email protected]

07/10/2022

USC Mediation

I was recently asked to be a volunteer mediator for the University of Southern California program on Mediation Advocacy. It was an invigorating experience, working on a seven-party environmental dispute. I had never worked with those numbers before and never conducted a mediation on an environmental dispute. In fact, I had only recently retired as a high school English teacher in a continuation high school in Fontana, CA. A continuation high school is for kids who find regular high school a challenge and, in a word, screw up until there is almost no chance they will graduate. That’s where we come in. For the sixteen years I spent teaching there, I saw my job as a process of re-definition – theirs, not mine, although I found myself changing inexorably with the everyday reality of violence and conflict in the classroom.

Conflict resolution was a daily reality and became something of an art. Indeed, I sometimes encouraged conflict if only to engender a response from my generally somnambulant students who only felt the need to pay attention if another student somehow disrespected them or put them on blast, or I said something provocative, usually intentionally, to remind them they were alive.

Read full article here:
https://unitedadr.com/usc-mediation/

Contact us!
United ADR LLC
332-237-4777
[email protected]

07/02/2022

Why Choose United?

WE ARE DEDICATED TO YOUR NEEDS

Because we have utilized all aspects of ADR ourselves, we understand your need for efficiency, respect and cost effectiveness.

Contact us!
United ADR LLC
332-237-4777
[email protected]

07/01/2022

Pay Attention to Causation Issues, or Medical Records and You

Whether you have decided to mediate or arbitrate your case and whether you are the plaintiff or the defendant. It is always wise to pay particular attention to any causation issues that may exist, during your ADR preparations. Resolving your case in a satisfactory manner will most certainly depend upon your attention to detail on this critical issue.

Every attorney is of course familiar with the basic proofs inherent in a sustainable negligence cause of action. But, for those who aren’t familiar with the litigation process, the plaintiff must first establish the existence of a duty of care and then prove that this duty has been breached by defendant’s actions or inactions which fall below the appropriate standard of care. Next, the plaintiff has the burden to prove or at least allege, that this breach or omission resulted in “damage” or loss. In personal injury cases that is typically an injury which results in medical treatment, pain, loss of some ability and or earnings. Of course, those damages or losses must be proven. And then, the plaintiff must then demonstrate that the defendant’s negligent act or omission actually caused the damages or losses complained of. The plaintiff must prove that the occurrence actually caused the damage.

Read full article here:
https://unitedadr.com/pay-attention-to-causation-issues/

Contact us!
United ADR LLC
332-237-4777
[email protected]

06/30/2022

Contact us!
United ADR LLC
332-237-4777
[email protected]