Why Settle When I’m Winning?

June 9, 2010 Leave a comment

Ever heard of a hollow victory?  When a plaintiff wins his case, he may simply be receiving justice and not what he actually wanted out of the lawsuit.  Litigation costs have the potential to drain the assets of plaintiffs and defendants.  When the money runs out, then a judgment for the plaintiff can mean that the plaintiff walks away with no way to collect damages (meaning money). 

In cases like these, where a winning party won’t be able to get money from the losing party, settlement earlier rather than later should be seriously considered.  Why?  Vindication in a court of law may result in some satisfaction, but it may not result in complete victory where any award of damages and/or attorneys’ fees would be paid.

In a worst case scenario, the winning party receives a court order that they won, but the losing party has no money or assets from which to pay the judgment.  Perhaps, the loser also has the judgment discharged in bankruptcy.  Where does that leave the winner…worse off than when he started, potentially.  Why? Because now the winner has the additional burden of legal fees. 

Parties should consider whether to “cut their losses” when the threat of an un-collectable judgment is at issue.  Mediation of such claims can make the difference between being a losing winner with a pretty piece of paper from a judge or being a semi-satisfied complainant.

Filed under Alternative Dispute Resolution, Hearing Officers, Mediation, Mediation Coaching, Neutrals, Separation and Divorce

New Panelist Barbara Ellenberg joins One Mediation

May 20, 2010 Leave a comment

Barbara EllenbergMs. Ellenberg has practiced law in the State of Georgia since 1989 and also serves as a mediator and arbitrator of disputes. She graduated from Emory University and earned her law degree from Georgia State University. Ms. Ellenberg personal background has served her well in providing legal counsel to
business clients and for mediating business disputes as she, in addition to practicing law, owns a successful wholesale business which was co-owned for a long period with her ex-husband. This experience with a family business resonates in her corporate and domestic/divorce mediations.

In conjunction with Ms. Ellenberg’s corporate law experience, she has a specialization with intellectual property and trademarking issues. Her understanding of this special legal field has served business disputants well in an age where technological advances create new and unique business disputes that are time sensitive and cannot wait for trial. As such, she has been an effective deal-maker in these kinds of business disputes.

Ms. Ellenberg is available to mediate on weekdays and weekends. Click on the Schedule button above to review her availability for mediation services.

Filed under ADA Accommodations, Alternative Dispute Resolution, Arbitration, Hearing Officers, Mediation, Neutrals, Workplace Investigations Tagged with , , , , , ,

New Panelist Vickie Wiggins joins One Mediation

May 18, 2010 Leave a comment

Vickie Y. Wiggins is an investigator with One Mediation who specializes in workplace investigations. Ms. Wiggins has practiced law in Georgia for over 15 years and has a sub-specialty in employment and immigration matters. As a trial attorney, she has worked on numerous class action and individual lawsuits involving large corporations. Through these cases, she has developed a keen understanding on how to collect relevant information through the review of documents and interviews of witnesses. These skills serve her well with respect to conducting workplace investigations into allegations of workplace misconduct – such as harassment, discrimination and retaliation – as an impartial third party. With respect to her investigations, Ms. Wiggins may be engaged not only to evaluate allegations of workplace misconduct, but also to:

- make recommendations relating to training gaps or needs;
- make determinations as to whether a workplace policy has been violated;
- make recommendations with respect to corrective measures, if applicable;
- make recommendations of amendments to workplace policies.

Ms. Wiggins neutral services also include mediating and arbitrating disputes. Her specialization includes conflict resolution of business and commercial disputes, divorce and family law matters, personal injury and wrongful death, insurance and contract disputes.

Filed under ADA Accommodations, Alternative Dispute Resolution, Arbitration, Hearing Officers, Mediation, Neutrals, Workplace Investigations Tagged with , , , , ,

New Panelist Teri Fields joins One Mediation

May 17, 2010 Leave a comment

Teri FieldsTeri Fields began practice as a law clerk for the Bankruptcy Court for the Northern District of Alabama. She then went on to practice law in the Creditor’s Rights, Workouts and Insolvency Section at Burr and Forman, LLP in Birmingham, Alabama. Ms. Fields then moved back to her hometown of Atlanta, Georgia where she began practicing as an Associate in the Construction Law Group of Freeman, Mathis and Gary. From there she moved to the Georgia Department of Law where she served as an Assistant Attorney General in the Real Property, Construction, and Authorities section and conducted litigation as well as served as general counsel for several Georgia Authorities. In June 2009, Ms. Fields opened the Fields Firm which specializes in general civil litigation, estate planning and probate litigation. Ms. Fields joined Townes Davis & Associates in February 2010 where she has added personal injury and premises liability to her practice.

Filed under ADA Accommodations, Alternative Dispute Resolution, Arbitration, Hearing Officers, Mediation, Neutrals, Workplace Investigations Tagged with , , , , , ,

New Panelist Heather Wright joins One Mediation

May 13, 2010 1 Comment

Heather WrightAttorney, Heather C. Wright is the founder and owner of The Wright Firm, LLC, a general civil law practice located in the Buckhead area of Atlanta, Georgia. Founded in 2005, The Wright Firm represents individuals and businesses in personal, corporate, commercial, and civil matters. Heather C. Wright’s current practice includes: corporate representation and consulting, commercial contracts, insurance coverage analysis and disputes, general liability disputes, personal injury, family law, mediation, arbitration, and general civil litigation.

Born in St. Petersburg, Florida, Heather C. Wright graduated from the University of Georgia with a B.B.A. in Finance in 1996, and received her law degree from the Walter F. George School of Law at Mercer University in 1999. Following law school, Ms. Wright was the Staff Attorney to the Honorable Judge James G. Bodiford of the Superior Court of Cobb County, Georgia. After leaving the Court, Ms. Wright practiced with two of Atlanta’s most prestigious litigation law firms before founding The Wright Firm.

In her practice, Ms. Wright represents a variety of individuals and businesses, and in so doing, quickly discovered that most disputes are better resolved through private negotiations between the parties. As such, Ms. Wright typically recommends some form of mediation or arbitration as a method of dispute resolution for her own clients. The Wright Firm currently represents several individuals for claims arising from various practice areas, including claims for anything from personal injury to child support. The Firm also represents several businesses as outside corporate counsel for matters relating to start-ups, commercial litigation, and other matters arising during the entire business life-cycle. In all of these matters, Ms. Wright seeks the best result through zealous advocacy with a mind toward reaching a resolution without unnecessary litigation. Balancing the client’s substantive legal claims and interests with the mundane and costly procedural aspects of the average lawsuit is the most prevalent part of Ms. Wright’s ongoing law practice. As such, she has formed a natural interest in reaching a win-win for the parties to a dispute, even when representing her own clients.

Filed under ADA Accommodations, Alternative Dispute Resolution, Arbitration, Hearing Officers, Mediation, Neutrals Tagged with , , , ,

Mediation: Step-By-Step

May 13, 2010 Leave a comment

Step 1: What to Expect
Prior to most mediation sessions, the neutral may hold a telephone conference with each party. This call is an opportunity for the neutral to give the party an overview of the process and to receive a brief summary of the dispute. Dates, times and location of the mediation will be confirmed. It is part of preparation for the session.

Step 2: How to Prepare
Before the session, parties should evaluate the strengths and weaknesses of their cases. Consideration should be given to providing information unknown to the other side beforehand or at the session if it would impact the other side’s own assessment of the case. Logistically, parties should clear their schedules to minimize distractions to the session.

Step 3: Joint Sessions and Caucuses
Usually the parties begin mediation together in a joint session led by the mediator. After an introduction by the mediator, each party often provides an opening statement about the dispute. Frequently, mediators then will move parties into separate rooms, and the mediator will “caucus” with each party. These caucuses facilitate the flow of information and offers between the parties to facilitate agreement.

Step 4: If Resolution Is Reached
If an agreement is reached, a document will be drafted that captures the facets of it prior to the parties’ departure from the mediation session. When parties have legal counsel, this document may include an agreement for the attorneys to prepare a more formal document that incorporates the mediation document.

Filed under Hearing Officers, Mediation Coaching Tagged with , , , , , ,

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