Definition: Mediation

Definition: Mediation

Mediation is one of several ways to resolve a conflict between two parties.  It is often referred to as ADR or Alternative Dispute Resolution.  Both parties voluntarily agree to come together in front of a neutral party called the mediator.  A mediator’s job is to help both parties settle the disagreement through questions and facilitation of conversation.  They can offer creative solutions as an alternative to solutions the court is unable to provide. In mediation, both sides must agree to mediate. If the other party doesn’t want to work it out this way, a mediation cannot occur.  Even if both sides do agree, there cannot be any laws that need to be ruled on, that ruling needs to be done by a judge.  Once you get into a mediation, one or both sides may not want to compromise or give up any ground whatsoever.  They may not want to even cooperate with you.  If you spend a lot of time formulating a resolution, the other side has an absolute right to disagree with it.  If that happens, the procedure becomes almost worthless because in a mediation both sides must agree to the resolution.  Much of the mediation process depends on the mediator.  When you get a mediator, they may be inexperienced or they may “click” with the clients.  This can make mediation very difficult.  Even if things go as planned and your mediation works out as a win-win for both parties, mediation agreements can have issues with enforceability.  After all of that, mediation might not even save you any time or money.  There are both pros and cons to the mediation...
Definition: Adjudicate

Definition: Adjudicate

Adjudicate (verb) A formal judgment or decision is made about a problem or dispute. So basically, a judge (or jury, or other authorized officials) decides who is right on a particular matter. Another form of the word is ‘adjudication’. Adjudication is the legal process by which a judge reviews evidence and hears arguments. Those arguments are usually from attorneys representing their clients in opposing parties. The judge then can come to a decision which determines rights and obligations between the parties involved.   Our seasoned court reporters are well-versed and familiar with the many terms and legal phrases in civil and criminal litigation.  If you need a court reporter for a litigation matter, please don’t hesitate to contact us here.  Our court reporting firm personally covers the state of Ohio and we have independently owned partners across the United...
Guest Authors

Guest Authors

Guest authors bring a unique perspective to our blog. They are an invaluable part of the legal community here in Cleveland, Ohio and around the country. The guests who we have chosen know how “do the lawyering” much better than I do, and we sincerely appreciate them lending their expertise to share with all of our dear readers and enhancing the legal profession. Would you like to be featured on the blog? Sent me a message via the live chat function on our website. We would love to hear from you!   Here are some of our previous guest authors. Click to access their articles. Adrian Thompson of Taft Stettinius Richik Sarkar of McGlinchy Stafford Judge James L. Kimbler...
Cady Legal Dictionary

Cady Legal Dictionary

Dear Reader, Have you ever been reading a legal document, transcript, exhibit, or other law-related material and you come across a word that you don’t quite remember what it means? Maybe in one of our guest blog posts, you see a word and would like to see it in layman’s terms to be able to explain it to your client. If you are from a court reporting firm or an individual court reporter, we will be adding the steno briefs to help you when you are on the job. Chuck Cady, owner of Cady Reporting has been the 3-time winner and retiree of the Ohio Speed Cup Contest. He also teaches the seminar, “Train Your Brain to Brief on the Fly”. It shows reporters how to take better, faster steno notes while on the job. If there is a word that you would like to have added to the dictionary, feel free to contact me through our online chat function and I will be happy to do so! Thank you for taking the time to check out our blog! Sincerely, Michelle Cady-Cook   Click here for our Blog Article Index where you can access the full list of...
Definition: Testator

Definition: Testator

Testator (noun) A testator is a person who makes a valid will. A will is a document through which a deceased person disposes of his or her property. If a person dies without having made a will it is said that they have died intestate. A testator must be of sound mind when making a will. In part to ensure that a testator is of sound mind, states require that the signing of a will be witnessed by multiple persons. A testator also should be making the will without duress and free of coercion from other persons. If the testator is not acting of his or her own free will in consenting to the terms of the will, a court may later void all or part of it. Our seasoned court reporters are well-versed and familiar with the many terms and legal phrases in probate litigation.  If you need a court reporter for a probate litigation matter, please don’t hesitate to contact us here.  We personally cover the state of Ohio and have independently owned partners across the United States....