Your Bridge to a Resolution Without Litigation The Gentle Art of Mediation Most clients seeking a resolution don’t know much about a benevolent part of the legal process — mediation. Many often picture lawyers and their clients in courtrooms with loud debates and heated arguments. This is undoubtedly a highly dramatized version of the courtroom, but trials aren’t always a walk in the park. Litigation can feel confrontational. Fortunately, most cases are settled before litigation through mediation. WHAT IS MEDIATION? This is when both parties come together to figure out a resolution to their disagreement in perhaps the most civil way available. There does not have to be a winner and a loser. Instead, both parties can discuss different alternatives and come to a mutual agreement that hopefully aims to benefit everyone involved. No judge or jury makes a final decision, only the parties involved do. The process requires a mediator or someone who is entirely neutral and impartial to the situation. The first step is for both sides to meet with the mediator and discuss their concerns about the issues at hand and plan how they will assess each point to resolve it. Once the agenda is clear, the mediator meets with each party alone. This allows both sides to explain their perspective and goals further. After that, everyone reconvenes to work together to create a solution. BENEFITS OF MEDIATION Mediation is an excellent way for clients to stand up for themselves and what they’ve been through without the pressure of being in a courtroom. The process is less confrontational, and all matters are handled as smoothly as possible without malice, intimidation, or conflict. Everyone wants a resolution, and mediation helps clients do just that without the need for litigation.
The story of how Michael Oher went from a young homeless boy to an NFL star captured the hearts of many and inspired the critically acclaimed 2009 film “The Blind Side.” However, behind the heartwarming tale lies a complex legal battle between Michael Oher and the Tuohy family, who adopted him during his teenage years. Oher alleges that Sean and Leigh Anne Tuohy misled him into accepting a conservatorship instead of adoption and that he never received fair compensation for his portrayal in the movie. In his petition filed in a Tennessee court, Oher seeks to end the Tuohy family’s conservatorship over him and requests a full accounting of any funds he should have received. In response to the petition, the Tuohys expressed their heartbreak over the situation while accusing Oher of demanding $15 million and threatening negative press coverage if they didn’t comply. Sean and Leigh Anne Tuohy claim they have always been upfront with Oher about the conservatorship and that they have split all profits from “The Blind Side” equally with Oher. Still, the heart of Oher’s lawsuit lies in the claim that they led him to believe he was signing adoption papers when, in reality, they were for a conservatorship. This legal arrangement gave the Tuohys significant control over Oher’s life, his story, and the substantial financial gains resulting from it. Oher asserts he did not receive what he was rightfully owed. Oher’s lawsuit is not only about financial matters but also the emotional stress that came with recently learning he was not legally a member of the Tuohy family, which he had believed for years. Furthermore, the case brings into question the safeguards for young individuals who may enter into legal agreements without a complete understanding of their implications. Seeing how this blockbuster lawsuit shakes out in the coming months and what the verdict means for other young people in similar situations will be interesting. The Tuohy Family vs. Michael Oher: A L egal S howdown
A few other benefits of mediation are that it’s less formal than litigation, completely confidential, less time-consuming, and much more cost-effective.
We wanted to highlight this option, as it supports pursuing a case in goodwill and peace between both parties. If you’d like to learn more about how this process works or have a potential case you’d like to discuss, call our team at (404) 566-5880 . We want to help you find a resolution with as much peace and understanding as possible.
You can always reach Kevin directly at 404.566.8964 or Kevin@PatrickTrialLaw.com. (If you ever need it, his cellphone is 404.409.3160.)
2 • KEVINPATRICK.LAW I 404.566.5880
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