Charles Herd of Herd Dispute Resolution
Herd’s presentation was hosted online and focused on the differences between arbitration, civil litigation and mediation. A copy of the presentation can be found for download by clicking the button below. You may also find the recording of the presentation here.
Half-Day Service
Full-Day Service
When in-person then lunch can be provided.
BENEFITS OF MEDIATION
Mediation involves the joint effort of parties on both (or all) sides of a legal dispute coming together to reach a resolution that each party can live with.
There are many reasons why you may choose mediation over traditional litigation. Here are a few of the benefits:
- Lighter Strain on Your Wallet-Many disputes may be resolved before some large expenses become necessary. Most noteworthy among these benefits is the fact that mediation is not so hard on your finances.
- Timely Resolution-Unlike most litigation processes, which can last 1-3 years (or longer), mediation usually takes place over a much shorter amount of time. This can be beneficial for all parties involved.
- Private Sessions-You cannot underestimate the value of privacy during the legal process, especially when emotions can get hard to keep in check, or when sensitive data or events are involved.
- Confidentiality-Privacy contributes directly to this benefit, but it is important to understand that each party is required to maintain confidentiality.
- Participation in Dispute Resolution-The sense of autonomy in determining your own resolution can be priceless.
- Preservation of Relationships-As with the lighter financial strain and a lower amount of stress due to a shorter legal process, mediation also usually allows for a higher chance of keeping relationships civil and improves the likelihood that parties can deal with each other more successfully in the future.
CREATIVELY FINDING SOLUTIONS TO YOUR UNIQUE SITUATION
Mediation is often my favorite part of the job because it involves sitting down with people who are understandably fully focused on their problems/challenges and then coming up with creative fixes to problems that, in the past, you might have thought were impossible — all while developing a safe environment and a beneficial relationship. Since I am a trained mediation neutral and have been involved in mediations for some 35 years, I have the background, training, experience and skill to maximize the likelihood of an agreeable settlement.
MANY MEDIATORS HAVE PRIOR LITIGATION EXPERIENCE, BUT HOW MANY CAN SAY THEY HAVE OVER THIRTY-FIVE YEARS WORTH OF EXPERIENCE, ON BOTH SIDES OF THE DOCKET!
Many mediators have experience representing either plaintiffs (the parties bringing the claims) or representing defendants (the persons or companies being sued) and their insurance carriers. However, I have represented both.
- I began my career in January of 1985 working for a large and highly respected defense firm, defending companies and their insurers from serious and complex cases. Therefore, I know how those parties work and what their schedules and expectations are.
- Then, I left that firm to open the Houston office of a New Orleans-based maritime defense firm. Similar issues and clients, but as office founder and managing partner, I saw first-hand how the “business” of a law practice works and what the pressures are there.
- To date, I have over 17 years experience working as a defense lawyer, and I understand how that side of the case operates!
- Then, in the spring of 2002, I decided to begin representing injured crewmembers and others whose claims I previously defended. I learned quickly that they are not “a case” or “a file”, but very real people with very real and personal challenges, challenges which kept them up at night, challenges that created worry and uncertainty for their families: financial worries, strain on family relationships and worry about ever returning to work.
- To date I have over 16 years working as a plaintiff’s lawyer. As a result, I know how that side of the case operates too!
OFFERING CLIENTS WELL-ROUNDED MEDIATION SERVICES
My experience makes me uniquely suited, as a mediator, to address both sides of a dispute, with understanding and fairness, because I too have “been there.”
EXPERT MEDIATION SERVICES TO RESOLVE COMPLEX LITIGATION MATTERS
THE PROCESS OF MEDIATION
Once all parties (and their attorneys, if any) meet with me in an agreed and neutral location, each party has an opportunity to make an opening statement. Afterward, I meet with each party separately and confidentially, explore various aspects of the dispute and consider the strengths and weaknesses of each side. At that point, we can consider and explore each of the options and alternatives available to narrow the issues and then (usually) reach a decision everyone can live with. Once the parties reach an agreement, that agreement is put into writing so that everyone can consider these issues resolved.
Once all parties (and their attorneys, if any) meet with me in an agreed and neutral location, each party has an opportunity to make an opening statement. Afterward, I meet with each party separately and confidentially, explore various aspects of the dispute and consider the strengths and weaknesses of each side. At that point, we can consider and explore each of the options and alternatives available to narrow the issues and then (usually) reach a decision everyone can live with. Once the parties reach an agreement, that agreement is put into writing so that everyone can consider these issues resolved.
For example, if you or a loved one is facing a life-changing personal injury or extreme financial challenges, it can be difficult to give attention to the other important parts of your life, like your family or anyone else who depends on you. When you need to pay attention to yourself while in recovery, it is easy to feel spread too thin. That is one reason why you need a skilled mediation neutral to help you resolve your dispute as quickly as possible — so you can get back to giving back, or at least move on with your life and maintain as much peace of mind as possible.
AN EXPERIENCED PERSONAL INJURY ATTORNEY WITH EXCELLENT NEGOTIATING SKILLS
More than 95% of personal injury cases settle without a trial, Charles Herd excels in negotiating your case. If you are struggling following a serious and life-changing injury, and you need help to get the justice and recovery you need and deserve, we can discuss how to fight for justice. Do not let someone’s negligence sideline what is important in your life. I can evaluate, represent and advise you while you take the time you need to recover from your injury. Let’s talk about it!
AN EXPERIENCED PERSONAL INJURY ATTORNEY WITH EXCELLENT NEGOTIATING SKILLS
More than 95% of personal injury cases settle without a trial, Charles Herd excels in negotiating your case. If you are struggling following a serious and life-changing injury, and you need help to get the justice and recovery you need and deserve, we can discuss how to fight for justice. Do not let someone’s negligence sideline what is important in your life. I can evaluate, represent and advise you while you take the time you need to recover from your injury. Let’s talk about it!