Alternative Dispute Resolution

Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser—in fees, expenses, and waste of time.
—Abraham Lincoln

Litigation is not the answer. Litigating is very expensive and there are never really any clear winners. Even those who “prevail” at trial usually spend far more in fees, expenses, lost opportunities, and goodwill than what they recover. Sometimes, litigation is unavoidable, but all potential litigants would do well to consider mediation, and to consider it early.

What Is Mediation?

Mediation is an informal and confidential process that facilitates communication between litigants or potential litigants in order to better understand each other and resolve their dispute. The parties can be represented by an attorney but legal representation is not necessary. The mediation is conducted by a mediator, sometimes referred to as a neutral.

In addition to being confidential, the mediation process (as opposed to a trial or arbitration) is non-binding. In fact, the mediator does not render a decision and has no power to force the parties to settle their claims. Rather than determining who is right and who is wrong, the mediator’s job is to understand the respective parties’ positions and see where common ground and the potential for compromise exists. This helps all concerned to focus on solutions and the future rather than problems and the past.

Why Mediation Works.

The vast majority of mediations result in a settlement. Even when parties are entrenched in their positions mediation works. The primary reason for this is effective communication. (Not surprisingly, the primary reason for litigation is poor communication.) Mediation provides a unique environment where parties can work with a third-party to communicate effectively with the other side. There is no other process that affords parties the opportunity to sit down together with a neutral mediator, and without other distractions, and focus on resolving their problems.

This process of focused communication invariably results in better educating the other side about your position, and you being better educated about theirs. This heightened understanding usually reveals the points on which the parties can agree and what compromises are possible to resolve the points on which they do not agree.

Another key reason mediation works is that it takes emotion out of the process. Parties, and even their attorneys, are often emotionally invested to a significant degree in their claims. A mediator is not similarly burdened. A skilled mediator is able to filter the emotion and legal posturing that otherwise burdens communications, and instead focus on solutions.

Finally, mediation helps parties hear the mediator’s honest opinion about their chances in court. A good mediator will have a great amount of litigation experience and will help the parties realistically evaluate the strengths and weaknesses of their case as well as the shortcomings of litigation in general.

By communicating effectively with the other party, removing emotion and posturing from the negotiating process, identifying areas of

common ground and possible compromise, and obtaining a realistic and neutral assessment of one’s case, mediation usually results in even the most difficult disputes being resolved once and for all.

Who I Am.

Trained at the Straus Institute for Dispute Resolution at Pepperdine School of Law, Greg Hoole is a skilled mediator and arbitrator.  He has a great amount of experience in civil litigation and has been recognized by his peers in the highest category possible by all recognized reviewing bodies: Martindale-Hubble (AV, preeminent), Utah Legal Elite, Mountain States Super Lawyers, and AVVO (5-star, 10/10 rating).

Greg understands the emotion involved in litigation and is adept at solving problems and bringing parties together. His work frequently takes him to locations throughout the state, which allows him to schedule mediations without charging parties for his travel expenses.

ADR Affiliations

Greg is a member of the Utah Council on Conflict Resolution and a member of the Utah State Bar’s Alternative Dispute Resolution Section.  Greg writes and lectures frequently on the value and benefits of alternative dispute resolution.

Fee Information

$250/hour. No charge for travel.

To schedule a mediation with Greg, please contact Miriam Strassberg at Utah ADR Services by clicking here.


Traditional litigation is a mistake that must be corrected . . . . For some
disputes trials will be the only
means, but for many claims trials by adversarial contest must in time go the way of the ancient trial by battle
and blood. Our system is too costly, too painful, too destructive, too inefficient for really civilized people.
—Chief Justice Warren E. Burger, (Ret.) U.S. Supreme Court

To learn more about mediation and its benefits, You may be interested in reading:

  • Building on the Past and Looking to the Future: How Mediation Has Evolved to Become a Standard, Instead of Alternative, Form of Dispute Resolution, Utah Bar Journal, July/August 2018

To learn more about the services this practice section offers, please contact:
Gregory N. Hoole

Bankruptcy-Creditor’s Rights

One of the jobs of a bankruptcy trustee in administering a bankruptcy case is to make sure that creditors’ claims are paid back to the extent possible before discharging a debtor’s debts. All creditors have the right to be heard with regard to liquidation of the debtor’s nonexempt assets in Chapter 7 and with regard to the debtor’s repayment plan under Chapter 13. All creditors are also entitled to challenge the debtor’s right to a discharge.

Not all creditors are treated equally in a bankruptcy case. All creditors are entitled to share in payment from the bankruptcy estate, but only according to the priority of their claims. Bankruptcy law favors priority claims like child support, as well as secured claims. Secured claims are those claims in which collateral secures the debt and the creditor can repossess and sell the property if the debtor defaults in payments.

Generally, secured creditors have rights based on a deed of trust, a mortgage, a security agreement on personal property like a car, or a judgment lien. Creditors with liens on property are entitled to receive value that is equal to the debt or the collateral—whichever is less. They can also stop a debtor from using cash collateral and collect money from a trustee’s use of secured property that lowers its value, as well as attorneys’ fees and interest that arises.

To learn more about the services this practice section offers, please contact:
Paul M. King

Bicycle Accidents

Bicycle Accidents

Protect your rights.

If you have been injured in a bicycle accident, and you are worried about who is going to pay your medical bills, lost wages, and pain and suffering, give me a call. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim. Insurance companies have attorneys and professional adjusters whose goal is to pay you as little as they can. You need an experienced Utah bicycle accident attorney with proven results to fight for you.

Hire an attorney who is also a cyclist.

Bicycle Accidents

I am an avid cyclist and a cycling advocate. I am also an experienced attorney, ranked among Utah’s Legal Elite (TM), named a Mountain States Super Lawyer, and recognized by my peers in the highest category possible, Martindale-Hubble’s AV, preeminent ranking.

I regularly put on bicycle safety clinics and founded the Holladay Bicycle Advisory Committee. You can learn more about me and my practice by clicking here, or just email me or call me on my direct line: 801-424-5252.

I work hard to make sure you are compensated fully for your injuries. Unlike many lawyers, I know ho careless, and sometimes even hostile, motorists can be toward cyclists. I know where you are coming from when you explain to me how the accident happened.

I also work hard to make sure you are compensated for your bicycle damage. I know ho expensive bicycles can be. I know what it is like to spend thousands of dollars on a bicycle only to have it damaged by someone else. I work closely with local bicycle shops to try and get you full replacement value for your dm aged bicycle and bicycle gear.

An experienced Utah trial attorney can make all the difference.

I am not afraid to take your case to trial if that is what it takes to maximize your bicycle accident insurance recovery. I have obtained seven-figure jury verdicts for my personal injury clients. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or paralegal.
Bicycle Accidents

Reduce the stress of making a claim.

Bicycle Accidents

Bike accidents can turn your life upside down. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your bicycle accident injuries. I take care of all the paperwork, phone calls, and negotiations, so you can get on with your life.

I handle bicycle accident cases on a contingency fee basis.

This means: YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.
To learn more about staying safe while biking, click here.

 

 

Business Organization

The development of the type of organization is important to a business for many reasons: taxation, liability protection, ownership, and organizational harmony.  Our attorneys are experienced in these areas and sensitive to the needs of business owners. To learn more about these services, contact

To learn more about the services this practice section offers, please contact:
Lester A. Perry 
Paul M. King

Civil Litigation

Hoole & King’s attorneys works to bring business and other civil disputes to a prompt and favorable conclusion with minimum impact on our clients’ lives and business interests. To this end, Hoole & King’s attorneys work to find creative and effective ways to resolve disputes in a timely and cost-efficient manner. The practice section’s attorneys are well experienced in all types of business disputes, ranging from breach of contract claims to complex business breakups and business torts, as well as the full panoply of non-business civil litigation.

To learn more about the services this practice section offers, please contact:
Lester A. Perry 
Gregory N. Hoole
Roger H. Hoole

Consumer Protection

One of the greatest challenges of our generation is the need for a level playing field when consumers have been defrauded or otherwise must deal with well funded large corporations and financial institutions.  Lester A. Perry has been fighting for the consumer for 25 years.  He has successfully prosecuted a dozen consumer class actions and has almost two dozen successful appellate decisions on behalf of consumers. He has taught the federal consumer protection/class action class at the University of Utah College of Law.

To learn more about the services this practice section offers, please contact:
Lester A. Perry 

Estate Planning and Probate

Estate planning and probate issues involve important, difficult areas of concern for our clients. With changing estate tax laws and regulations, our comprehensive approach becomes even more important and advantageous to our clients. Our extensive business and real estate experience adds depth and allows for comprehensive treatment of estate planning for our clients. Special needs of family members and other beneficiaries are addressed carefully, and estate management for the benefit of the principal grantors is addressed to anticipate potential incapacity of the principal grantors. Comprehensive estate planning involves much more than just avoiding probate. It is important to consider long-term management to assist estate beneficiaries, plan for individualized treatment of the benefeciaries’ special needs, and provide for seamless management during and after the grantors’ lifetimes, all with an eye to limiting conflict and litigation.

When probate becomes necessary, we seek to efficiently address the needs of the estate and the client. When probate litigation arises, or when it is otherwise necessary, we strive to resolve matters efficiently and bring peace to the family and the estate as quickly as possible. We are experienced in the total range of probate, from simple informal probate to complex formal litigation. For questions concerning probate or estate planning issues, contact Paul M. King.”

To learn more about the services this practice section offers, please contact:
Paul M. King

Financial Institutions

The needs of financial institutions are many and varied. Such institutions face challenges with regulatory agencies, employees, debtors, bankruptcy courts, and civil litigation.  Our firm has the experience to effectively handle these challenges. To learn more about these services, contact Lester A. Perry.

To learn more about the services this practice section offers, please contact:
Lester A. Perry 
Paul M. King

Mediation & Arbitration

Personal Injury & Wrongful Death

Hoole & King’s attorneys have successfully represented hundreds of people in personal injury and wrongful death claims. The attorneys understand and know how to navigate creatively the myriad issues that can arise in even what can appear to be an otherwise straight-forward case. Their skill in aggressively but fairly representing clients has earned them the respect of not only other plaintiffs lawyers, but defense lawyers as well.

To learn more about the services this practice section offers, please contact:
Gregory N. Hoole
Roger H. Hoole

Real Estate

The most valuable asset owned by families and businesses is often real estate. Our firm is experienced in the acquisition and transfer of real estate, the use of real estate to secure loans and agreements, the foreclosure of real property collateral, and the protection of creditor’s rights in real property tied up in bankruptcy.

To learn more about the services this practice section offers, please contact:
Lester A. Perry 
Paul M. King