Bert Binder Revitalizes Campaign for Specialized Mediation
Hackensack, NJ (PRWEB) January 31, 2014 -- Bringing two opposing sides into agreement is one of the most difficult challenges there is. It is the crux of the legal industry and often, there is no other way to accomplish agreement than by the force of the court system. Luckily this is not always the case.
Bert Binder offers mediation services that make resolving a conflict easier, much less expensive and significantly quicker. Mediation provides not only an opportunity for both sides to be heard, but it also allows each party to play an active role in the outcome. Often it is having the parties agree to sit down that is the most difficult task which results in ultimately having both of them walk away happy having resolved their disagreement.
Bert Binder raises specific situations in which mediation can provide solutions to what may, at first glance, appear to be difficult matters in which to bring about a satisfactory resolution.
Consider the following scenarios:
• What should a practicing attorney do when:
A. A highly valued client about to commit to the expenditure of significant sums of time and money on litigation which he demands the attorney institutes because he believes he has been harmed and he thinks he has legitimate claim. However, based upon the state of the law, the attorney is less than confident of the client ultimately prevailing at trial; or
B. Two clients who have a dispute between themselves.
OR
• A client sits on the board of a condominium or homeowners association which is owed significant funds by one of its members who just happens to be a neighbor. What should he or she do collect what is due?
For a multitude of reasons, these can be some of the toughest situations to resolve to the parties’ satisfaction. To do so without jeopardizing a personal or business relationship is even trickier. The attorney needs to keep the client(s) happy without risking losing him/them. The condo board and the unit owner often both have valid concerns: The unit owner certainly does not want to lose his/her home but may have little or no funds with which to immediately satisfy a legitimate indebtedness. The condo/homeowners board must take into consideration the distinct possibility that there is minimal equity in a mortgaged property so, as a creditor, it may be extremely limited in what it can recover, even after it spends thousands of dollars in legal fees and court costs to obtain a judgment.
It logically follows that while it may ultimately lead to a resolution, from a long-term practical point of view, instituting litigation may be the last thing you should consider. Positions are likely to become more confrontational and the parties less flexible. Instead of litigation, first consider mediation. It can not only help to minimize the expenses of parties on both sides of these issues (which, of course will cause the parties to be n a better frame of mind) but it also has the capacity to produce an ultimate result in which both sides obtain a great deal, if not all, of what they are seeking. Perhaps of equal importance, it tends to promote the continuation of existing personal and business relationships.
Bert Binder is working with condo/homeowners associations and their members to resolve delinquency matters. He is also working with other lawyers facing “problem situations”, such as described above. The bonus is that mediating these types of claims is less expensive, quicker, and results are wider in scope than what litigation can offer.
Disputes are common. Litigation is expensive. Resolution through mediation: Priceless.
Bert Binder, Affordable Dispute Resolution, http:// http://www.affordabledisputeresolution.com/, 201-790-3553, [email protected]
Share this article