Choose a kind of legal dispute (such as medical malpractice or child custody). W
ID: 353614 • Letter: C
Question
Choose a kind of legal dispute (such as medical malpractice or child custody). Write an introduction to the mediation process that you might give to disputants who have come to you as a mediator. You are acting as mediator in a dispute where the parties are trying to divide personal property that includes a particular stock. In the process of mediating you learn the company stock is about to skyrocket in value due to a merger with a much bigger company. You have been talking to your broker about where you should invest the inheritance you just received. If you invest your inheritance in the stock you can retire early. Would you call you broker and instruct him or her to invest your money in the stock? Why or why not? You learn that the merger will not take place until long after the mediation is complete. Does that make a difference? Why or why not?
Explanation / Answer
Answer:
The legal dispute topic, which had been chosen to answer, was Child Custody
Part -1: Introduction
A child custody case tends to sensenitive, moreover the situation mostly occurs, when the parents of the child, is applied for divorce. Child custody mediation is the process where the parents of the child work together, to develop a parenting plan, after the divorce. It's a best alternative to an adversarial divorce.
The mediation process tend to be voluntary, but in some states, it's mandatory for the parents to go through the mediation process, before the court order.
It's good to go for child custody mediation, before approaching to the court. Mediator is a neutral person,who had been selected, by both the parties (parents), in common. The person have no authority to impose any solution, so speaking through mediation, will not affect the court's final decision.
There are few good reason to choose mediation process, through mediator, before approaching to the court.
Mediator through mediation process, helps to resolve the dispute, which occured due to oppostive views of both parties on custody and time sharing. He helps to reslove the property disputes of the parties, after their divorce.
Part -2: Investment Decision
It's good to understand, mediation process not only involved in settling child custody diputes, but it also involves in providing the solution to the payment obligation and property disputes as well.
While acting as mediator, for their property disputes, it's good to know about the personal properties, of both the parties. Before providing an advise, it understand about the nature of the property.
In this case, the property tends to be a stock, in the company. It's important to know about the company's stock market. Since, it's been understood that, the company stock was high due to the merger, to good to get the valuable advise, for the betterment of everyone, especially the child.
It's to good to invest the received inheritance, on stock. It would be good decision, to invest money on stock.
Since, we approach broker to invest the money, he/she will let us, whether it's a good decision, to invest on the stock of specific company. Stock broker usually beware of stock market. Even though, the company's current market tends to be in upward cure. there's is a chance, to face the downfall, due to various unprecedented external factor.
Eventhough we instruct him to vest money, on the stock, he/she will provide the valuable advise for us to have a better understanding.
It's important to note that, mediator, is the person , who also handles property disputes often, will be aware of the current stock markets. It's also good to understand company can prevents stock market downfall, through good merger.
So, it's a good decision to call the broker and invest the money on stock.
Part -3: Condition, if merger, doesn't takes place until mediation is complete
The time required to complete the mediation process generally depends, on the case. It's carried out until the disputes been fairly setteled between both the parties.
Usually money invested on stock varies, will not be withdrawn, until the company reaches, it's maturity. There are few other reason, to withdraw the money invested on stock.
The investment desicion had been made, based on the current company's before merger and after the merger with bigger organization. It's also good understand that, until the stock value tends to be high, there's will not any change in the decision made earlier.
Time taken to complete the Mediation, will not make any difference in investing the money on stock.
Part -4: Conclusion
Hope all the above explanation, will clarify the raised queries.