United States Arbitration & Mediation of Oregon, Inc.

Mediation Articles

Looking for a Better Way

It has long been recognized that litigation is a poor way to settle most disputes.  Going to court has become synonymous with great expense, long delays, stress on the participants, and uncertainty.  The litigation explosion of the 1970’s and 80’s - brought on by expanding laws, more complex lawsuits, and a greater willingness to use the courts - has prompted an aggressive search for effective and practical alternatives to the court system.  These materials are designed to introduce you to one alternative - mediation - that can settle disputes quickly and inexpensively.  While not the total answer to the litigation problem, mediation is a giant step in the right direction.     Continued

The Basic Mediation Process

A head-on collision between a truck and a car resulted in the deaths of the driver of the automobile and his three passengers.  Wrongful death claims in excess of $2,500,000 were brought against the owner of the truck.  There was evidence of drinking on the part of the automobile driver and cross-claims were filed between the plaintiffs.   Continued

 

Why Mediation Works

“Why mediate?  Mediation is non-binding - the mediator isn’t even giving an opinion!  What can mediation do that I can’t do by simply picking up the phone and talking with the other side?”          Continued

 

How to Select and Send Cases to Mediation

What Types of Cases Can Be Mediated?

Mediation has proven effective in a wide variety of insurance and business disputes including bodily injury claims, products liability cases, commercial contract interpretations, real estate matters, partnership dissolutions, construction problems, medical malpractice claims, workers compensation cases, and matters involving subrogation and coverage issues.    Continued

ADR a Judicial Perspective

I have been in the business of working to resolve legal disputes short of trial for more than 30 years, most of the time through the judicial system.  As a district and then circuit judge in Multnomah County it was always a goal to settle as many cases as possible in order to free the trial docket for those cases that could not settle.  I retired at the end of 2008 and joined the private ADR sector along with sitting from time to time on the Circuit bench as a senior judge.  While the desire to settle a case is the same either through judicial settlement conferences or private mediation, the approach and circumstances are somewhat different.   Continued

Secrets to a Successful Mediation

First, do your homework. Research jury verdicts in similar cases, preferably cases with the same trial counsel and the same county.

 

Make sure your client understands the process and knows what to expect before the mediation. Many clients are confused between the mediation and arbitration processes and believe that the mediator will make a decision on the case.  Continued