William Crowe, B.A., LL.B
cell: 707 484 0640
I CAN HELP YOU!
If you have been harmed or treated badly or wrongly, or are about to suffer loss or damage, let me know right away. If you are aware of wrongdoing/unfair treatment in the workplace, in the neighborhood, even with family, or in dealings with government or in business let me know and I can help.
Most conflicts can be resolved if the people involved are willing to work in good faith. As a mediator, I actively encourage and assist parties in finding workable resolutions that are legally appropriate, economically feasible, and personally acceptable, thus avoiding costly and emotionally draining litigation.
WHY MEDIATION? / ADVANTAGES OF MEDIATION
Mediation generally produces or promotes:
- Less Costly Decisions. Mediation is generally less expensive when contrasted to litigation.
- Quick Settlements.
Court cases can take a year or more and on appeal multiple years. Mediation on the other hand can resolve disputes in a more timely way.
- Results that are Mutually Satisfactory
Parties are generally more satisfied when solutions are mutually agreed upon, as opposed to solutions that are imposed by a third party/ court.
- High Rate of Compliance
Parties who have reached their own agreement in mediation are more likely to comply with its terms than if the resolution has been imposed by a court or arbitrator.
- Comprehensive and Customized Agreements
Mediated settlements address both legal and non-legal issues. Mediated agreements often cover procedural and psychological issues that are not necessarily covered in litigation. The parties can tailor their settlement to their particular situation.
- Better Control, More Predictable Outcome
Parties who negotiate their own settlements can better control the result. Gains and losses are more predictable in a mediated settlement than they would be in a court case or arbitration.
- Maintaining a Relationship or Terminating it More Amicably
As relationships often need to continue for years, a mediated settlement that addresses all parties’ interests can often preserve a working relationship better than would be possible in a win or lose outcome. Mediation can also make the termination of a relationship more amicable.
- Workable Decisions
Negotiated or mediated agreements often have specially tailored provisions as to how the decisions will be carried out. As a result the parties will more likely comply with the terms of the settlement.
- Satisfying Agreements as Opposed to Compromise or Win/Lose
Mediated settlements can be more satisfactory to all parties than simple compromise decisions.
- Decisions that Last
Mediated settlements tend to last, and if a subsequent dispute arises, the parties are more likely to use a forum with co-operation and problem-solving than to resolve their differences in an adversarial manner.
AREAS OF PRACTICE
Conflicts that can be handled successfully by mediation and my areas of specialty are:
Disputes or incidents involving:
- Business, partnership, commercial, trusts, breach of contract
- Debt collection, consumer/merchant
- Family and marital issues.
- Divorce (all issues including child custody and property settlement)
- Government action or inaction, or decisions
- Estate Planning, probate, elder law
- Employment and labor-management
- Health care
- Neighbor conflicts
- Professional malpractice, legal, medical and other
- Personal injury
- Professional fees
- Real Estate
- Unfair and deceptive dealing
- Condominium disputes, charges and more.
In my 30+ years of business, law, and management I have handled just about every possible dispute on behalf of clients.
Graduated with degree in Arts (B.A.), with major in psychology from University of Sydney.
Graduated with degree in Law (LL.B.) from University of Sydney
Practicing attorney/solicitor 1974-1988 Supreme Court of New South Wales
Specializing in corporate work, real estate, insurance law, family law, negotiation & dispute resolution generally and in litigation.
Currently and since 1990 a commercial real estate broker and business broker and mediator of business disputes.
From 1970 work involving management, marketing, real estate, insurance, account reconciliation, real estate and franchise acquisition and management, estate planning, tax planning, family law, divorce and child custody, settlement of property issues, personal injury claims, contract disputes, construction disputes, business disputes, corporate formation, retail disputes, neighbor disputes, fair debt collection practices, consumer law, sales and marketing, unfair and deceptive trade practices by persons and companies
Since 1989 in Hawaii, hands on mediation of a broad range of business disputes, banking, commercial, construction, contract, condominium, insurance, real property, franchise, intellectual property, leasing, personal injury, property damage, professional malpractice and civil matters, divorce and child custody.
Prior: Solicitor of the Supreme Court of NSW
Prior: Rotary Club
Life member of the Law Society of NSW, Australia
Licensed Real Estate Broker in Hawaii since 1990
REFERENCES AVAILABLE UPON REQUEST
THE MEDIATION PROCESS
How long will the mediation take and what is the cost?
My initial consultation (1/2 hour free) provides an overview of the issues, the likely resolution and range of likely time involved. If the parties are agreeable /amenable, mediation can be quick, but if they are contentious it will take longer. The fee rate will be quoted at between $175 to $250/hour, depending on the complexity of the issues.
What is involved in the Mediation Process?
The first short meeting, at no charge, explores whether mediation is appropriate.
This meeting is followed by a series of meetings of about an hour each where the parties in dispute resolve their differences with my assistance as a neutral mediator /independent negotiator. As mediator I will help them achieve an acceptable compromise.
What does the Settlement Agreement include?
I ensure that you are well-informed about the issues. Your decision about those issues influences what is included in the Settlement Agreement.
What if the parties already agree on many issues?
I determine the points of agreement that will be the foundation of your overall Settlement Agreement. I highlight the standards that are acceptable and may be applicable to resolve more difficult issues.
What are the chances of success?
Parties using the mediation process have a high success rate in reaching agreement. The parties are motivated by the mediation opportunity to reach agreement and avoid court imposed resolutions and to avoid costly, emotionally charged litigation, so even a partial resolution as opposed to a full resolution can be a success.
What if no Settlement Agreement is reached?
The mediation discussions, materials and draft resolution are not admissible in court or other similar proceedings.
The parties might choose to jointly retain an impartial attorney to give a non-binding opinion on how a court might resolve the identified issues and facts agreed upon.
Who pays for mediation?
The parties are encouraged to consider sharing fees so both can benefit from a quick resolution.
Are attorneys needed?
Each party should have his/her own attorney review any mediated settlement agreement prior to signing the final Agreement.
Should tax, accounting, business, real estate experts be used?
Tax, accounting, business, or real estate appraisal experts can be hired by each party or jointly by both, to provide a valuation of real property, personal property or a business, or provide tax or accounting advice. Where children are involved, the parties might consider the recommendations of a trusted child psychologist.
William R. Crowe, LL.B
HONOLULU, HAWAII 96821
Telephone: (808) 396-8410
This is an Agreement between: ________________________________________and__________________________________________ and William R. Crowe, hereinafter “mediator,” to enter into mediation with the intent of resolving the following issues:
The parties and the mediator understand and agree as follows:
- Nature of Mediation: The parties hereby retain William R. Crowe as mediator. The parties understand that mediation is an agreement-reaching process in which the mediator assists parties to reach agreement in a collaborative and informed manner. It is understood that the mediator has no power to decide issues for the parties. The parties understand that mediation is not a substitute for independent legal advice. The parties are encouraged to secure such advice throughout the mediation process and are advised to obtain independent legal review of any formal mediated agreement before signing that agreement. The parties understand that the mediator has an obligation to work on behalf of all parties and that the mediator cannot render individual legal advice to any party and will not render therapy nor arbitrate within the mediation.
- Scope of Mediation The parties understand that it is for the parties, with the mediator’s concurrence, to determine the scope of the mediation and this will be accomplished early in the mediation process.
- Mediation is Voluntary: All parties here state their good faith intention to complete their mediation by an Agreement. It is, however, understood that any party may withdraw from or suspend the mediation process at any time, for any reason. The parties also understand that the mediator may suspend or terminate the mediation, if he feels that an impasse has been reached; or if the mediator determines that he can no longer effectively perform his facilitative role.
- Confidentiality: It is understood between the parties and the mediator that the mediation will be strictly confidential. Mediation discussions, any draft resolutions and any unsigned mediated agreements shall not be admissible in any court or other contested proceeding. Only a mediated agreement signed by all parties will be so admissible. The only other exceptions to this confidentiality are if all parties waive confidentiality in writing or in an action brought by any party against the mediator. The parties agree to not call the mediator to testify concerning the mediation or to provide any materials from the mediation in any court proceeding between the parties. The mediation is considered by the parties and the mediator as settlement negotiations. All parties also understand and agree that the mediator may have private caucus meetings and discussions with any individual party. Information exchanged in such meetings may be shared with the other party unless it’s specifically made confidential between the mediator and the caucusing party.
- Full Disclosure: Each party agrees to fully and honestly disclose all relevant information and writings as requested by the mediator and all information requested by any other party, if the mediator determines that the disclosure is relevant to the mediation discussions. In family mediation cases, each party agrees to fully and accurately disclose all income, expenses, assets and debts.
- Mediator Impartiality: The parties understand that the mediator must remain impartial throughout and after the mediation process. Thus, the mediator shall not champion the interests of any party over another in the mediation nor in any court or other proceeding.
- 7. Internet and Email Communication: The mediator and participants agree that email and other Internet means of communication may be utilized for ongoing mediation communications without limitation and as part of the confidential mediation discussions.
This includes attachments, links, faxes, any and all file types and all means of Internet and other electronic communication. Participants will not forward nor otherwise further distribute any Internet or other electronic communication to anyone who is not directly participating in the mediation. These online communications are as confidential as permitted under the law. If desired, participants understand that they may request a more secure user identification and password system be utilized for their mediation Internet communications.
- Coordination with Legal Counsel: The parties agree that the mediator may discuss the parties’ mediation process with any attorney any party may retain as individual counsel. Such discussions will not include any negotiations unless the parties instruct the mediator that their attorney(s) have negotiating authority. The mediator will provide copies of correspondence, draft agreements and written documentation to independent legal counsel at a party’s request.
- Mediation Fees: The parties and the mediator agree that the fee for the mediator shall be $ .00 per hour for time spent with the parties and for time required to study documents, research issues, correspond, make telephone calls, prepare draft and final Agreements, and do such other things as may be reasonably necessary to facilitate the parties reaching full agreement. The mediator shall also be reimbursed for all expenses incurred as a part of the mediation process. Each party shall pay a payment of $525.00 toward the mediator’s fees and expenses to the mediator upon the signing of this Agreement. Any unearned amount of this retainer fee will be refunded to the parties. The parties shall be jointly and severally liable for the mediator’s fees and expenses. As between the parties only, responsibility for mediation fees and expenses shall be: _______________________. The parties will be provided with a monthly accounting of fees and expenses by the mediator. Payment of such fees and expenses is due to the mediator no later than 7 days following the date of such billing, unless otherwise agreed in writing. Should payment not be timely made, the mediator may, in his sole discretion, stop all work on behalf of the parties, including the drafting and/or distribution of the parties’ Agreement, and withdraw from the mediation. If collection or court action is taken by the mediator to collect fees and/or expenses under this Agreement, the prevailing party in any such action and upon any appeal therefrom shall be entitled to actual attorney fees and costs incurred therein.
DATED this ______ day of ________________________, 20__.
I provide discounts to non-profit organizations, Veterans, disadvantaged clients, community groups, educational and medical institutions.<