Areas of Practice

Business & Investment Disputes

Mediation can be an effective way to settle a variety of business and investment disputes. It is a voluntary process that enables disputing parties to come together and discuss the issue in a controlled environment. A third-party neutral facilitates the discussions and spends time speaking to each side individually and as a group. The goal is to find a solution that works for both sides, and ideally allows a relationship to continue once the Utah business dispute is settled.

During the mediation session(s), the mediator caucuses with each party to ask questions and gather information that allows him or her to better understand the issue. In most cases, the mediator already has a keen understanding of the industry, but must work to understand the positions of each side. It is essential he or she understand the critical issues affecting the dispute in order to keep things moving forward and to enable progress toward a resolution.

If mediation does not produce an agreed-upon resolution with which both sides are satisfied, there is no obligation to accept or abide by a settlement. They are free to pursue another form of alternative dispute resolution or can take the matter to court. In some business and investment cases, the FINRA arbitration proceeding would be the next step.

If you are involved in a dispute in Utah and would like to speak to someone about the best way to resolve it, James Cannon can help. Contact him at 801.514.6983 or by email at [email protected] or [email protected].

Divorce and Family Disputes

Mediation is an ideal tool for settling divorce and family disputes because the process allows emotional aspects of a dispute to be addressed. When disputes are settled in court, it turns family members into enemies. There are cases in which divorce or custody matters begin amicably, but spiral out of control during the discovery process and time in court. In Utah divorce and family mediation, everyone works together to ensure the best outcome for all involved.

Family and divorce mediation offer a variety of benefits. The process is less expensive than litigation, so there is no need to worry about mounting legal bills during an already difficult time in life. Mediation is flexible and allows all parties to have a say in when and where the process will take place. It also leaves the disputing parties in control of the outcome. The third-party neutral mediator is there to facilitate conversation and keep the process moving forward, but he or she does not dictate the final outcome of the matter. Those most affected by the situation are the ones making decisions and determining whether or not a resolution is appropriate.

Finally, family and divorce mediation provide a base from which families can work in the future to resolve their differences. This is especially beneficial to divorcing couples that are also parents.

If you are involved in a family dispute in Utah or you are contemplating divorce and would like to speak to someone about the best way to resolve it, James Cannon can help. Contact him at 801.514.6983 or by email at [email protected] or [email protected].

Contract Disputes

Contract disputes are common in the business world. Unfortunately, they destroy many mutually beneficial relationships. Parties are unable to come to terms concerning an issue without taking the matter into a Utah court and what was once a profitable and productive relationship is broken and no longer a benefit to anyone involved.

It is possible to resolve contract disputes without litigation. Mediation offers protection to those in search of a resolution without the animosity of a trial. It saves time and money, and it opens the door for creative solutions that would not be possible through litigation.

In mediation, a third-party neutral mediator works both separately and together with the disputing parties. Typically, the mediator already has an understanding of the industry and must work to understand the positions of each side in the dispute. This enables him or her to meet both the practical and emotional needs of everyone involved, something that is important for reaching a mutually satisfactory settlement.

Ultimately, disputing parties are in control of the outcome of the dispute. If a solution cannot be found that appeals to both sides, they are free to pursue arbitration or litigation. Discussions that occur during mediation cannot be used against either party should further efforts be necessary to settle a dispute. This freedom and flexibility makes it possible for those involved to make every attempt possible to reach a resolution.

If you are involved in a contract dispute in Utah and would like to speak to someone about using mediation to resolve it, James Cannon can help. Contact him at 801.514.6983 or by email at [email protected] or [email protected].

Estate & Probate Disputes

Estate and probate issues are especially difficult because they arise during a time that is already fraught with emotion. In addition to mourning the loss of a loved one, disputing parties must also endure the emotionally trying process of settling questions about the departed’s estate.

There is a way to bring estate and probate disputes within a family or with the state to a peaceful conclusion. Mediation offers a process by which parties can discuss the issues at hand and determine a satisfactory resolution for all involved. The goal is to honor the wishes of the deceased and mediation makes it possible to bring everyone into a controlled environment to discuss their interpretation of these issues

In addition to helping people cope with the emotional aspects of estate and probation disputes, mediation offers a number of other benefits. It is more cost effective than litigation and is a private experience, whereas court proceedings are public. Most disputes are settled within hours, as opposed to the weeks and months it takes to drag an issue through court. Additionally, mediation makes it possible to preserve familial relationships. When disputes arise between heirs, it can be especially difficult to maintain trust following litigation. Mediation focuses on teamwork and making everyone satisfied in the end. It also puts complete control of the outcome into the hands of those most affected.

If you are involved in an estate or probate dispute in Utah and would like to speak to someone about the best way to resolve it, James Cannon can help. Contact him at 801.514.6983 or by email at [email protected] or [email protected].

Franchise Disputes

Disputes between franchisees and franchisors are common in the world of franchising. In most such disputes, it is very important to maintain or restore mutually beneficial relationships. Parties who are unable to resolve differences between themselves could end up in court and what was once a profitable and productive relationship is broken and no longer a benefit to anyone involved.

It is possible to resolve these disputes without litigation. Mediation offers protection to those in search of a resolution without the animosity of a trial. It saves time and money, and it opens the door for creative solutions that would not be possible through litigation.

In mediation, a third-party neutral mediator works both separately and together with the disputing parties. James Cannon has extensive experience in and understanding of the industry and will work to understand the positions of each side in the dispute. This enables him or his associates to meet both the practical and emotional needs of everyone involved, something that is important for reaching a mutually satisfactory settlement.

Ultimately, disputing parties are in control of the outcome of the dispute. If a solution cannot be found that appeals to both sides, they are free to pursue arbitration or litigation. Discussions that occur during mediation cannot be used against either party should further efforts be necessary to settle a dispute. This freedom and flexibility makes it possible for those involved to make every attempt possible to reach a resolution.

If you are involved in a franchise dispute in Utah and would like to speak to someone about using mediation to resolve it, James Cannon can help. Contact him at 801.514.6983 or by email at [email protected]m or [email protected].