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Mediation is a type of alternative dispute resolution or ADR. You may also see arbitration stated as a form of alternative dispute resolution. Disputes are traditionally fought in court, but litigation is a rough process.

Arbitration is time-consuming, expensive and can end up looking a lot like arbitration.

Mediation is different from arbitration and litigation in that there is no deciding party like a judge or arbitrator. The benefit of mediation
is that it provides a chance for the disputing parties to settle their dispute in a much more cost-effective and efficient manner before jumping to more expensive means of dispute resolution mechanisms.

So, you should almost universally include mediation as a dispute resolution mechanism in your contracts. However, there are instances in which I would advise against including mediation provisions in your contracts and certain considerations to make if you decide to do so.

As always, ask me any questions that pop up after watching the video!
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For a deeper dive into and other legal issues vital to the success of your deals and your business, visit me at:
http://www.cenkuslaw.com

Just starting up? Check this out for my advice on startup success: http://www.thestartupshepherd.com.

You can also reach me at:

https://www.linkedin.com/in/brettcenkus
https://twitter.com/BCenkus
http://www.cenkuslaw.com
http://www.cenkus.com

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About me:

My 20+ years of experience in business finance, business law and entrepreneurship have led me to believe that numbers and logic are awesome tools, but understanding human nature and emotions is the first step to business success.

The Cenkus Law Firm provides services related to mergers & acquisitions, general business issues and startups, including founders’ agreements and fundraising. I also consult with entrepreneurs and have invested my own capital as an angel investor.

From 2010-2013 I served as Chief Legal Counsel of a publicly-trade international oilfield services company. From 2001 to 2006 me and a partner founded and built Paragon Residential Mortgage. Paragon was sold to Bridge Investments in 2006.

I hold a Juris Doctorate from Harvard Law School and a Bachelor of Arts degree in Economics from Messiah College in Grantham, Pennsylvania.

Now, I live in Austin, TX with my wife and two kids. I enjoy reading, running, classic movies, great food and wine and some great American football.

Demo of a court-referred mediation by Charlie Irvine, Course Leader on Strathclyde’s LLM/MSc in Mediation and Conflict Resolution. The parties are played by Maggie MacRitchie and Paul Darroch. This clip demonstrates Charlie’s ‘activist’ style of mediation and the use of private sessions to assist financial negotiation.

http://defensebaseactlaw.com/successful-mediation/ (Maitland, Florida) (Cocoa Beach, Florida) Garfinkel Schwartz is a Defense Base Act Law and Longshore Act Law firm that helps injured and sick civilian contractors and longshoremen to regain denied medical care and benefits.

Defense Base Act law and Longshore Act law is federal law. Garfinkel Schwartz tries and handles cases around the U.S. for clients around the world. There are no boundaries. If you need help and want to talk, we’ll find a way. Whether you mail a letter, send an e-mail or do a FaceTime, Skype, Video Conference, Whats App or Facebook chat or Google Hangout…we’ll find a way to communicate with you.

It’s not easy to fight your employer or your insurer on your own. The insurance companies have the best attorneys available so you should lawyer up. Talk with a couple attorneys to find someone you trust and who agrees to fight for your case.

Insurers can cancel benefits or medical care without warning. It’s your right to choose your attorney, your doctors and the DBA Act or Longshore Act covers it if you have a case. Do you have a case? If you’re hurt and sick, can’t heal and recover you have to find out because the rights are clear under the DBA.

Get help from an experienced Defense Base Act Law and Longshore Act Law lawyer. Interview lawyers until you’re confident and comfortable with your representation. Your case may continue, your care may continue for a long time.

It doesn’t matter where you live because Garfinkel Schwartz will travel to you. Brian flies to any state or country you live in.

Questions? Call attorney Brian Wiklendt 24 hours a day 1-800-393-2999. You may get a return call after hours, weekends…as soon as Brian is able or 30-year paralegal Doreen Cabral may call.

Give return calls a brief amount of time as travel, meetings, court dates happen all the time. But as soon as there’s a break, Doreen or Brian ALWAYS call back. That’s a Garfinkel Schwartz law firm promise.

We will get back to you as soon as we can. Garfinkel Schwartz is committed to helping one family, one person at a time. We’re based in (Maitland, Florida) and (Cocoa Beach, Florida) but work with clients everywhere because Longshore and DBA is federal law.

Given the Coronavirus / CoVid-19 pandemic, face-to-face mediation is problematic. Here are some tips for online video conference mediating! And see this example of an online mediation: https://www.youtube.com/watch?v=3569P07ngGg&

This presentation describes mediation analysis and the connections between traditional mediation analysis and recently developed causal mediation analysis. Mediating variables have a long and important history in theoretical and applied research because they describe how and why two variables are related. One common example of applied mediation research is the study of the mediating processes that explain how a prevention/treatment program achieves its effects on an outcome variable. If the intervention’s active ingredients are identified, the intervention can be made more powerful and more efficient. Other applied mediation examples include identifying how a risk factor leads to disease and how early life experiences affect later development.

This small claims video series was made possible thanks to a grant from the State Bar of Nevada’s Lawyer Referral and Information Service

Heather Quick, founder and CEO of Florida Women’s Law Group, discusses the benefits of having a mediator throughout your divorce in this week’s Family Law Fridays.

This TDM Special Issue aims at analysing the current scenario that mediation faces in the context of insolvency matters, as well as new trends, developments, and challenges.

Guest Editors: Prof. Laura Carballo Piñeiro and Prof. Katia Fach Gómez

Table of Contents and Free Excerpt available at:
https://www.transnational-dispute-management.com/journal-browse-issues-toc.asp?key=74

The Mediation of Bankruptcy Disputes in the United States
by A.L. Gropper

The Role of Mediation in the New EU Approach to Insolvency
by L. Galanti

Mediation in the Context of (Approaching) Insolvency: A Review on the Global Upswing
by N. Pavlova Mocheva, World Bank Group
A.R. Shah

Mediation in Formal and Informal Insolvency: A Greek Perspective
by E.S. Papadimitriou

The Role of Mediation in Japanese Insolvency Practice
by S.I. Abe

The Three Targets of Insolvency Mediation: Dispute Resolution, Agreement Facilitation, Corporate Distress Management
by P. Lucarelli, I. Forestieri

Mediation as A Path to Business Restructuring – Contributions to the Portuguese Insolvency Framework
by A.F. Ferreira Colaço da Conceição, C.F. Marques Cebola

The Role of Mediation in Refinancing Groups of Companies: The Case of Spain
by M. Flores

The Insolvency Mediation in the Spanish Law
by C. Senés Motilla

Out of Court Payment Agreement. A Sui Generis Mediation in Insolvency Matters in Spain
by G. García-Rostán Calvín, S. Tomás Tomás

A Deliberation on Adapting Aspects of Singapore’s Mediation Initiatives Within the Australian Federal Court’s Practice to Further Improve the Liquidators’ Recovery of Assets
by C.F. Symes, J.F. Fitzpatrick

Determinants of Failure … and Success in Personal Debt Mediation
by J.J. Kilborn

Non-Performing Loans Prevention in Italy: Early Warning Indicator and Negotiation – Mediation in Bankruptcy
by G. Matteucci

The Effect of Insolvency on International Mediation – The European and Spanish Perspectives
by M. Penadés Fons

Choice of Law aspects of Mediation in Cross-Border Insolvencies within the European Legal Framework
by M. Asgharian