Temporary or Partial Impracticability and Frustration of Purpose and Pandemic Affected Contracts and Leases
When the circumstances giving rise to the impracticality or frustration cease to exist, then Section 269 affords a party a reasonable time to resume performance.
Mediator Sue Bronson doesn't rest upon the familiar, but takes what she knows and applies it in new innovative ways. In this 44 minute video, Sue and Michael Lang discuss screening techniques.
This article will discuss how benefits are distributed to two people who are now divorced.
Montana Mediation Association (MtMA) received a Civil Monetary Penalty Reinvestment Grant to prevent and delay resident discharges from Montana Nursing Homes.
Working with families to help an older adult identify how they want to spend their final years and communicate it to all involved parties.
For couples facing divorce in their late fifties, sixties, and beyond, the questions and issues are quite distinct from those facing younger couples.
This article distinguishes elder mediation and eldercaring coordination, and discusses the benefits of eldercaring coordination for high-conflict cases.
This article illustrates how a mediator can assist parties to move from their positions to their underlying interests.
This article is to give an over view of the use of disability mediation and a case study. The article will highlight some of the benefits of utilizing specialist mediators, confidentiality and why disability mediation works.
Settling the issue of who should take legal guardianship over a ward can be a long, drawn out, and tedious process.
In this model, the lawyer-mental health professional duo creates a safe container for you and your sibling to communicate authentically about what really matters to you.
Of all of the cases I have mediated over the past 30 years, the most challenging and rewarding disputes have been those between family members over family property, estates, trusts and businesses.
As Americans are getting older, more and more issues arise relating to elder abuse in financial and health care settings. Studies show that the majority of abuse occurs within the family. What can be done to resolve these issues? Listen to a respected elder abuse mediator and author, Steve Mehta, and learn how to address these difficult issues.
This article promotes the use of elder and adult family mediation to approach issues of aging and geriatric care. Targeted towards family caregivers, it outlines 3 reasons mediation can be beneficial when approaching difficult conversations.
Conflict can touch anyone, at any time of life. In this article, I talk about end-of-life conflict, specifically those disputes related to hospice. I explore who is involved, why disputes arise, and reasons they are hard to resolve. I also speak about the importance of having a mediator as part of the hospice team.
When it comes time to decide on care for an elderly parent, mediation can help family members make tough financial and life care decisions.
Inheritance disputes can be difficult to resolve. They are tied up in a lifetime of emotions toward the deceased and every other claimant under the will, as well as personal and spousal expectations of monetary gain. Here are 10 tips and tricks that have helped with this kind of dispute.
The Dane County Bar Association's Case Mediation Program has produced videos to help the public understand and use mediation in the dispute resolution process.
This article concerns the important decisions that often face caregivers or other family members concerning where an elder family member will live, the strong emotions that are evoked in families contemplating a possible elder move, the important questions that should be considered in considering a move, and how mediation can support families in having a productive discussion concerning this important, complex and highly emotional issue.
In Guthrie v. Guthrie, the validity of a divorce agreement was called into question due to one party's state of mind at the signing. A complicating issue was husband's death during the proceedings.
Timing is everything. In complex family disputes the simple fact is that mediation can be the forum for positive change, the tipping point, but it needs a number of preconditions to be successful.
The article describes how families can work together in making collaborative decisions regarding the care of elderly parents. It defines and explains family mediation, noting the kinds of topics that can be discussed.
Mediation with its “structural requirement” that parties focus on and value the dynamics of their relationships and interests before grabbing at specific options can be a powerful process tool for families struggling with difficult personal property distribution issues.
How much better would this world be if we all believed that most disputes could be avoided? Mediation is offered as a tool to reach agreement, but the hard work of mediating a dispute requires a knowledgeable, experienced professional. These authors offer observations and strategies based on their expertise and successes in the field.
The estate settlement process has many areas of potential conflict that mediation can often handle far more effectively than ad hoc family negotiations and traditional legal proceedings. Why is mediation effective in this complex emotional field and what can we do to promote its use more broadly.
Mediation provides an ideal opportunity for the parties to air their differences, feelings, opinions, perceived slights, etc., giving the parties the opportunity to hear, consider and respond to each others’ perspectives and possibly change their own position accordingly. This could result in a measurable reduction in the inefficient use of court resources.
Unlike J.R. Ewing in Dallas, controversy arises among families and business owners more often as a result of misunderstanding than malevolent motives. When people get beyond the resistance and begin working together on an estate plan MOU or partnership charter, they discover that openly dealing with issues lessens the likelihood of misperception, builds trust and confidence, and improves their chances for long-term success.
Mediators can provide a critical service to both trustees and beneficiaries. Being independent, with no stake in the outcome, they can meet with the parties together and separately to help them focus on a search for a solution that meets the needs of all.
Use of an independent mediator during the planning process can help estate planners improve client satisfaction, reduce the probability of family litigation and avoid malpractice claims.