Do I Give Up Any Rights Pursuing Employment Arbitration or Mediation?

It depends. As a condition of employment you may have signed an arbitration or mediation clause in your employment contract which would make those procedures the exclusive forum for dispute resolution should you ever be involved in an employment dispute. By entering into the employer’s contract of employment containing such an agreement, you may have waived your legal right to a file a civil action in court. In a series of recent employment and labor cases, the U.S. Supreme court has upheld an employer’s contractual right to enforce its contract containing arbitration or mediation clauses to resolve most employment disputes and determined that they are within the scope of the Federal Arbitration Act (FAA). [Read more…]

How Can I Be Sure That My Labor and Employment Arbitrator is Ethical?

Alongside mediation, arbitration has become very popular as a way to deal effectively with employment law conflicts.  Even so, a party preparing for arbitration might be concerned about the neutral individual handing down a binding decision in the case.

Although an arbitrator is different from a judge, the marketplace for arbitration has helped to promote only those individuals who engage in the process ethically.  There are a couple of reasons for this.  The first is that parties are free to jointly choose any arbitrator and one who is unethical or who has developed a bad reputation is likely to be weeded out early on in exchange for those individuals with solid experience and references. [Read more…]

Can I keep my car or home?

Yes, you can do so by entering into a reaffirmation agreement with the secured lender requiring you to continue paying on the secured property which is not dischargeable, unlike most unsecured property, in bankruptcy court.  If your property is secured through a loan that you plan to continue paying down, you can choose to keep that property.  Exemption limits are governed by Federal and State Statue, as discussed below, and do apply to the equity you have in certain items of property.  If for example, you have a car loan, the equity value is determined by calculating the difference between the amounts owed and fair market value of your vehicle. [Read more…]

Need Help Negotiating? Hire a Mediator!

Do you live in California and are having issues related to your business relationships?  Are you interested in resolving these issues without severing partnerships and potential future business?  If so, finding a mediator in California may be the thing you need.

A mediator is a neutral party that will help two people (or companies) come to an agreement that is mutually beneficial.  The main difference between an mediator and an arbitrator is that an arbitrator’s decision is typically legally binding, however a mediator’s is not. [Read more…]