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Mediation Topics
| REAL ESTATE |
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 Issues involving Real Estate can vary from a single issue to multi-tiered issues that involve a single transaction. Thus, it is imperative to retain experienced Mediators who have expertise in Real Estate.
As litigation costs have skyrocketed in recent years the search for justice has become cost prohibitive. In addition, the discovery process in litigation rewards the delay tactics of lawyers adding to the cost of resolving a dispute. These tactics impede the transparency that is necessary for both parties to understand the realties’ they face in the litigation process.
On the other hand, Mediation affords the parties the hope of transparency that will enlighten change and provide the parties with the necessary facts to help them reach a resolution.
The process of Mediation is fast becoming the first choice of parties involved in a Real Estate dispute.
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| Whether a dispute involves a Broker Agreement, lease agreements, contract of sales, landlord-tenant disputes, tenant disputes, or disputes in Co-Op or Condo Buildings ,Boundary disputes or Zoning Issues Smith-Kearns Dynamic Conflict Resolution allows the parties to reach an equitable settlement to the dispute without the need for costly litigation. |
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| BUSINESS MATTERS |
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 Smith-Kearns Mediators have a unique perspective handling business disputes. Many Smith-Kearns Mediators are entrepreneurs themselves and understand the hard work it takes to build a successful business. Too often disputes in business can slow the growth of a successful business or cause a business to dissolve.
At times the conflict can be an internal conflict among management whether upper or mid-level management or involve management and its employees. In some cases the conflict can between employees that can negatively affect the work place.
Other times the conflict may be an external conflict with a supplier, vendor or competitor that can waste valuable company assets. Mediation will help resolve the conflicts so management can focus are increasing production.
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You may find your company is experiencing disagreements between partners, a management team or board members. The conflict may exist within a team, a complex project or between departments.
The type of business you own whether a Franchise, a Closely held corporation, a LLC, Partnership, Subchapter S, a C Corporation will determine the type of Dynamic that is driving the conflict. |
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| Whether the conflict the business is facing is internal or external Smith-Kearns Mediators are skilled at getting parties to communicate effectively to stem the tide of hostility. This enables the parties to avoid litigation and fosters a healthy business relationship going forward. |
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| If you find your business is experiencing conflict, let Smith-Kearns Consulting help you resolve these conflicts in a non-adversarial process that will make your company more productive . |
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| The following industries, including but not limited to, can benefit from Mediation; |
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| Accounting partnerships, advertising, aerospace, associations, banking, brokerage, cable, charities, chemical, computer hardware, computer software, construction, consumer packaged goods, dental partnerships, design, distribution, entertainment, estate, family owned business, film, food service, franchise, government, graphic art, health care, high tech, internet, law partnership, life insurance companies, logistics, manufacturing, medical partnerships, medical products and devices, media, metals, mining, mutual fund, newspaper, not-for profit, outsourcing, petrochemical, pharmaceutical, printing, property management, property and casualty insurance, public relations, publishing, pulp and paper, retail , service, sports teams, steel, travel, technology, telecommunications, television, transportation, textile and venture capital. |
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| DOMESTIC RELATIONS |
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 A lot of attention has been placed on Mediation for Divorce as Court systems look to reform the Divorce process. It is well documented Divorce is an acrimonious stage in peoples’ lives and litigation fuels the acrimony. Many litigants continue to fight to prove a point; a point which is not based on a rationale or reasonable thought process.
As litigation costs have escalated the Court system has looked to Mediation as an alternative to litigation. Mediation is difficult in Divorce, but allows the parties to work through their and anger and resentments in a constructive non-judgmental environment.
Domestic Relations also encompasses many other facets of Family life that cause conflict that benefit from Mediation.
When couples find it difficult to talk about a Pre-nuptial agreement they turn to Mediation to help negotiate the terms of the agreement without damaging their relationship.
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| Particular troublesome areas of Domestic Relations are Child Custody, Child Visitation, and Child Support. Mediation in these areas can help the parties work through the issues whether before Divorce proceedings, during Divorce proceedings or Post-Divorce. Smith-Kearns Mediators help parties mired in family conflict to be able to communicate effectively during Mediation as well as teach good family communication skills for the future. |
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| TRUSTS, ESTATES AND ELDER LAW ISSUES |
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 When a family member passes away it changes the Dynamic of the family. When a will needs to be probated a family member is appointed Executor this leads to conflict in the family. Smith-Kearns Mediators can help the Executor navigate the sensitive area with other beneficiaries. Also, a family may bring a Will Contest or challenge an Accounting of the Estate and Mediation is an excellent alternative that will save the estate assets.
As Americans grow older Elder Law issues have become prevalent. To help families navigate the issues involved in planning for an elderly parent Smith-Kearns Mediators can help families decide the issues of Health Care Proxies, Living Wills, Durable Power of Attorney and the transfer of property. Most importantly issues of the care of the elderly parent can benefit from Mediation as it keeps the focus on what is best for the parent and children based on the realities they are facing.
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Smith-Kearns Consulting has offices in Boston, Long Island, Philadelphia, Washington and New York.
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