Del Sole Cavanaugh Stroyd LLC

Pittsburgh Legal Issues Blog

What goes on during mediation?

Not every business dispute has to end up in a courtroom. In fact, it may be better to make sure that it stays out of the public eye in order to preserve a Pennsylvania company's reputation. Fortunately, it is not necessary to litigate a dispute. Instead, the parties could agree to mediation. Understanding the basics of the process could illustrate why it has become a popular way to resolve issues under a variety of circumstances.

During the first mediation session, the mediator will explain the process and the roles of everyone involved -- i.e. the mediator, the parties and the attorneys. More than likely, each party will be asked to tell his or her side of the story. Each party receives the opportunity to do so without interruption.

What to know about depositions in civil litigation

When a Pennsylvania resident or business decides to take a dispute to court, numerous steps will more than likely occur before seeing the inside of a courtroom. One of the steps that may occur is a deposition, which can be an integral part of civil litigation. Understanding the basics could help alleviate any anxiety or stress regarding this process.

A deposition is designed to learn information from a person who could end up testifying in court. This part of the discovery process consists of an attorney asking questions of that individual. The information gathered helps provide an indication of what could happen at trial.

Do you have mixed feelings about being a whistleblower?

You may have always considered yourself someone who would stand up for what is right. You always felt heated when you saw someone mistreating another person or discovered that someone was abusing his or her power. While the actions you had to take to stand up in the past may have been relatively simple, such as sticking up for a friend, you may need to take more serious action now that you believe that your employer is committing unethical or illegal acts.

When it comes to reporting the wrongdoing of employers and companies, many people feel hesitant to come forward. You likely know that if you file a report, others may deem you a whistleblower, and you may have concerns about what that could mean for you and your future.

What kinds of damages can result from commercial litigation?

When a contractual relationship degrades into a dispute, the prospect of ending up in a courtroom can become real. Most Pittsburgh businesses will first attempt to work out their differences without commercial litigation, but it may become inevitable. Before deciding to take this step, it could help to understand what damages the court could award.

The most common type of damages people receive as a result of successful litigation is compensatory damages. This is economic loss, often based on what the injured party would need to receive the products or services promised in the contract from someone or somewhere else. Restitution is another form of monetary relief in which the person harmed is paid back. Other types of monetary damages could be awarded depending on the circumstances.

Partner William S. Stickman IV confirmed as U.S. District Judge

On July 31, 2019, the U.S. District Court's nomination of one of our partners, William S. Stickman IV, was confirmed. Mr. Stickman will now be serving as a United States District Judge for the United States District Court for the Western District of Pennsylvania.

Electrocution is a leading cause of death

The Centers for Disease Control and Prevention (CDC) says electrical hazards cause more than 4,000 injuries and 300 deaths each year. Electrocution is the sixth leading cause of workplace deaths, and 52% of those fatalities are related to the construction industry.

Electrical workers face widespread hazards and are exposed to electrical energy throughout their work environment, and many are unaware of the potential danger they face making them more vulnerable to the threat of electrocution.

Appellate practice differs from trial court practice

When you take your grievances to a Pennsylvania court, you hope to achieve a certain outcome. If that does not happen, you may feel cheated and wonder whether you have any recourse. It may be possible to file an appeal, but in appellate practice, you can only do so for certain reasons.

In fact, filing appeals is far different than taking your case to a trial court. The two legal systems have vast differences. The rules are different, and so are the exceptions.

What happens in court during civil litigation?

Movies and television give many people here in Pennsylvania and elsewhere a certain idea about how things go once they step foot in the courtroom. The cinematic versions of civil litigation often fall short of the real process. Those heading into court for any civil matter may benefit from a basic understanding of how it works.

If the trial will have a jury, one will need to be chosen. Both attorneys can question potential jurors and eliminate a certain number of people they believe exhibit some bias toward one or the other parties or may not be objective during the case. A Pennsylvania judge also questions these individuals and can excuse those he or she feels should not be part of the panel. 

Would mediation of a denial under the Right to Know Law be best?

Whenever a Pennsylvania news outlet or one of the state's residents requests public information, it could be denied. The person or entity requesting the information does not have to accept this response without further inquiry since the public agency must have a compelling reason to deny the request. In this case, the state's Right to Know Law allows for an appeal, but that may not be the best way to resolve the dispute.

The Pennsylvania Office of Open Records does provide for mediation of disputes between a member of the public and the agency from which the information was requested. Both parties must agree to participate in the process in writing. To request this method of resolution, it must be requested when filing an appeal.

Would alternative dispute resolution work better in your case?

Litigation is not always the best way to resolve a problem you have with another party. Perhaps you tried to work out the issue on your own and think that now, looking for resolution through Pennsylvania's civil courts is the only solution but that may not be true. You may be able to make use of an alternative dispute resolution method to reach the best possible solution.

Perhaps you have heard of arbitration and mediation, which are the most commonly known methods of ADR. Many people achieve a more satisfactory result through these options instead of litigation. Going to court is costly, stressful and undoubtedly adversarial in nature. In the alternative, ADR provides a more relaxed, private and productive atmosphere to resolve conflicts. In addition, it is often less expensive.

For an Initial Consultation with Del Sole Cavanaugh Stroyd LLC, Call 412-261-2393

Office Location
Three PPG Place
Suite 600
Pittsburgh, PA 15222

Phone: 412-261-2393
Fax: 412-261-2110
Pittsburgh Law Office Map

Del Sole Cavanaugh Stroyd LLC
Review Us Contact Us