Online Mediation Works

The Mediation Center of the Pacific Gives Giuseppe Leone a Special Mediator Recognition Award

admin — Fri, 09 Dec 2011 00:08:39 +0000

On December 7, 2011 The Mediation Center of the Pacific gave me a Special Mediator Recognition Award, which reads:

In grateful appreciation for your commitment and dedication to community mediation and your willingness to go “above and beyond” to support our mission of providing high quality mediation and dispute resolution services.

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How to Prevent and Resolve Condo Disputes Without Fighting in Court

admin — Thu, 22 Sep 2011 03:01:44 +0000

Title: The Condo Owner’s Answer Book
by Beth A. Grimm, Attorney at Law
Publisher: Sphinx Publishing
ISBN: 1572486333

From the Publisher:

How do I decide whether or not to buy a condo? How can I avoid getting into a difficult practical or financial situation? Where can I find information on the homeowners’ association before I sign a contract?

For many people, the first home they purchase is a condominium. The Condo Owner’s Answer Book addresses the unique situations that come with buying and owning a condo. It also discusses your rights and responsibilities as a condo owner and as a member of a homeowners’ association. The Condo Owner’s Answer Book is an authoritative reference, providing sound advice and immediate answers to your most pressing questions.

Table of Contents

Chapter 1: Buyer Beware – or at Least Be Smart!
Chapter 2: Understanding What You Bought
Chapter 3: The Assessment Stream – The Financial Health of a Homeowners’ Association
Chapter 4: The Problem of Apathy
Chapter 5: The Board – Elections and Serving as a Board Member
Chapter 6: What You Can Do and Cannot Do on Your Property
Chapter 7: Enforcement of the Rules and Regulations
Chapter 8: Dealing with Renters
Chapter 9: Resolving Association Issues without Resorting to Litigation
Chapter 10: What Can I Do About My Situation?

Las Vegas Court To Test Mediation For Small Claims Cases – Effective September 1, 2011

admin — Tue, 16 Aug 2011 00:02:22 +0000

Effective September 1, 2011 small claims cases filed in Las Vegas Justice Court will go through mediation.

The purpose of this pilot program is to settle small claims cases faster and in a way that both parties think is fair.

Mediation is an informal process in which neutral mediators assist the disputing parties in resolving their dispute by helping them identify issues and settlement options.

Mediations will be conducted by staff mediators of the Clark County Courts Neighborhood Justice Center at 330 S. 3rd Street, Suite 600, across the street from the Regional Justice Center.

Mediation programs for small-claims cases are already in place in many cities across the country. Chief Judge Karen Bennett-Haron of the Las Vegas Justice Court believes that the Court’s new mediation process will result in increased satisfaction among the parties, a reduction in the need for future litigation, and a more efficient use of judicial resources. If parties cannot resolve their issues in mediation, the case will be scheduled for trial at a later date.

For more information visit the court’s website or call (702) 455-3898.

How To Settle a Landlord Tenant Dispute in Hawaii

admin — Fri, 12 Aug 2011 01:04:39 +0000

If you have a dispute with your landlord or tenant in Hawaii, you have three options to settle it.

Direct Negotiation – Stay calm, sit down with your landlord or tenant, and try to resolve your dispute on your own.
Mediation – Settle your dispute with the assistance of a neutral mediator experienced in landlord tenants cases. Keep in mind that nowadays mediation can be conducted not only face-to-face in the mediator’s office, but also by email or phone/video conference.
Litigation – File a case in District Court.

Needless to say, each option has different pros and cons, particularly in terms of time and money necessary to settle your dispute, and consequences on the future relationship with your landlord or tenant.

No matter which option you choose, however, it is helpful if you are fully aware of your legal rights and obligations. In order to get that information, you can:

View the Handbook for the Hawaii Residential Landlord Tenant Code in a Nutshell – click here
Read the entire Handbook for the Hawaii Residential Landlord-Tenant Code in pdf format – click here

How to Settle a Hawaii Landlord Tenant Dispute ASAP Through Mediation – 10-min Video

admin — Thu, 04 Aug 2011 22:13:31 +0000

If you live in Hawaii and are having problems with your tenant or landlord, you are not alone. In 2010 more than 2,500 residential landlord/tenant cases were filed in Hawaii Small Claims Courts.

Typically, those cases are filed for a host of reasons: unpaid rent, late fees, security deposit, unauthorized use of the unit (e.g. to run a an home-based business or to sublet part of the unit), conditions of the unit, other personal or communication problems between the landlord and the tenant (or between the tenant and other tenants/neighbors), and so on.

After the Landlord files a case and notifies the Tenant about the claim and the related court hearing, both parties appear before a Judge in Small Claims Court who, in a nutshell, asks them the following questions:

To Landlord — “What is this case about?”(e.g. backrent). What do you want? . (e.g.I want the tenant to move out as soon as possible).

To Tenant — “Are you current with your rent?” (e.g. No, I am a bit behind). “Are you then willing to move out?” Depending on the Tenant’s answer to this last question, here is what happens next.

If the Tenant answers “Yes, I am willing to move out”, the court (1) enters a judgment for possession and a writ of possession; and (2) sets a day for trial (after the Tenant has moved out) to settle all monetary issues: back-rent, late fees, security deposit, damages, and so on. Conversely, if the Tenant answers “No, I don’t owe the Landlord any money” or “Perhaps I owe the Landlord some money, but I am not willing to move out”, both parties are referred to mediation, where a neutral mediator will help them work out a mutually acceptable agreement.

Mediation: The Sooner, The Better
It is true that many Landlord/Tenant cases can be resolved in mediation. But it is also true that by the time the Landlord has taken a legal action against the Tenant, their relationship may be irretrievably broken. In other words, when the Landlord shows up in court, s/he is no longer interested just in how the Tenant can pay the unpaid rent and late fees, but rather in how soon the Tenant can move out (and then pay the money owed).

For that reason, it is usually much better if Landlord and Tenant can settle their dispute through mediation not “after” a case is filed in court – but “before”. To illustrate how mediation works, watch this excellent 10-min video titled Tenant Landlord Mediation.

In the past, mediation took place only face-to-face, as shown in that video. But nowadays mediation can also be conducted by email, phone or video conference. This option is particularly useful when Landlord and Tenant have a hard time talking calmly to each other; or are often on the road; or they have a particularly busy work schedule.

If you are interested in this topic, you may want to read Landlord-Tenant Communication: Key Factor To Prevent Disputes

How to Settle a Dispute When You and The Other Party Live in a Different City, State or Country

admin — Thu, 30 Jun 2011 22:29:18 +0000

If you have a family, workplace or business dispute with someone who lives in a different city, state or country, online mediation can save you a lot of money, time and stress. In short, a neutral mediator helps you and the other party to:

Present your perspective
Listen to the other party’s perspective
Identify all issues that need to be resolved
Brainstorm all possible options for resolving those issues
Help you settle your dispute in a way that both of you think is fair and reasonable

Since online mediation is conducted through video or conference and by email, you can participate in mediation whenever you want and wherever you are – no need to take time off from work or to travel anywhere.

In addition, by participating in online mediation you have everything to gain and nothing to lose. If you and the other party can reach a mutually acceptable agreement, great. Otherwise, nothing you said or offered during mediation can be used against you – because mediation is confidential.

If you have any questions as to whether online mediation may be useful in your case, please contact me for a free consultation.

How To Settle a Dispute in Small Claims Court – 12-min Video

admin — Thu, 16 Jun 2011 03:31:59 +0000

Learn in 12 minutes:

Which Kind of Disputes Can Be Settled in Small Claims Court
The Pros and Cons of Small Claims Court
How Small Claims Court Works
What Small Claims Court Mediation Means

How to Get a Divorce When Your Spouse Lives in a Different State

admin — Sat, 11 Jun 2011 00:31:29 +0000

The question “How to Get a Divorce When Your Spouse Lives in a Different State” can be answered in two ways – from a legal perspective and from a practical perspective.

Legal Perspective
If you or your spouse live in two different states, and one of you meets the residency requirement of the state you live in, either of you may file for divorce in that state, and your divorce will be valid – i.e. it will be recognized by the courts of all states.

Practical Perspective
No matter which states you or your spouse live in, the divorce issues to be resolved are still the same — assets/debts division, parenting plan, child support, and child. And your three options to resolve those issues are the same as if you and your spouse lived in the same state. In other words,

You and your spouse can work out a divorce agreement on your own.
You and your spouse can reach an agreement with the assistance of a neutral mediator – either in-person or online (through video or phone conference and email).
You and your spouse can fight it out in court.

Bottom line. If you and your spouse can resolve (as quickly and inexpensively as possible) all divorce issues that need to be incorporated into your legal divorce decree, it makes little difference whether your divorce is considered valid first in your state and then in your spouse’s state – or the other way around.

What Kind of Cases Can Be Filed in Hawaii Small Claims Court

admin — Fri, 10 Jun 2011 17:45:26 +0000

As stated in the Your Guide to the Small Claims Court brochure, Hawaii Small Claims courts may only handle the following cases:

Cases for the recovery of money where the amount claimed is no more than $3,500 excluding any interest and costs that may be awarded by the court.
A counterclaim by the Defendant against the Plaintiff where the amount claimed is no more than $25,000 excluding any interest and costs that may be awarded by the court.
Cases to resolve a disagreement over a security deposit between landlord and tenant involving a residential landlord and tenant relationship.
Cases for the return of leased or rented personal property where the property is worth $3,500 or less and where the amount claimed as rental owning does not exceed $3,500.
Cases for the recovery of damages or for repossession based upon the unauthorized removal of shopping carts, shopping baskets or similar devices from the premises of any business establishment.

Webinar by Better Business Bureau on How To Settle a Dispute in Hawaii Small Claims Court

admin — Wed, 01 Jun 2011 00:14:36 +0000

Tuesday, June 7, 2011 Hawaii’s Better Business Bureau members will attend a 30-minute webinar titled How To Settle a Dispute in Hawaii Small Claims Court.

Presenters: Giuseppe Leone, Mediator and Lisa Nakao, BBB Hawaii Director of Operations

This is the third webinar in a series offered in collaboration with the Association for Conflict Resolution (ACR) Hawaii Chapter.

Space is limited.

For further information on how to register call Bleydis Borge (BBB Hawaii) at (808) 536-6956 or 1 (877) 222-6551 Neighbor Islands (toll free).

Webinar by Hawaii Better Business Bureau on How to Get Ready for Mediation and Make It Work