Keeping the Arbitration Clause Applicable: Avoiding Unconscionability

arbitration agreements

It’s long been a humorous observation that Americans are litigation-happy, but in many ways, it’s based in truth: When Americans feel they have been treated poorly, they often seek redress in the courts.  No group on the country knows this more keenly than employers, who have, in recent years, sought to stem the tide of employment-related litigation with the inclusion of binding arbitration agreements in employee contracts.

The key to these arbitration clauses, however, is making them applicable when the time comes: Few employees dispute these clauses at the moment they accept employment, but many seek to invalidate them when they want to file a suit.  It’s a turbulent time in the law when it comes to the relatively novel use of these arbitration clauses, and nothing seems settled – but the single biggest threat to your arbitration clause is the test of unconscionability. [Read more…]

What are the Benefits of Using Alternative Dispute Resolution?

Disputes often arise in various aspects of our lives. Whether we are transitioning from marriage to divorce or involved in a business-related contract dispute or even dealing with a family business matter, legal disputes can tear us apart. Luckily, there are ways to resolve disputes that avoid the contention and hardship of traditional litigation. Alternative forms of dispute resolution reduce the time, expense and hard feelings associated with battling in a courtroom. [Read more…]

Giving Real Estate Mediation the Best Chance for Success

Real estate is a complex sector of life where dreams, emotions, business ambition and money intersect, creating one of the most volatile situations any person might encounter in their lives.  When things go well, lives are built and wealth is accumulated – and when things go wrong, the conflict can become very intense, very quickly.  That’s why mediation is an increasingly popular strategy in real estate disputes: It moves quickly and allows both parties to participate actively in the eventual solution. [Read more…]

Your Legal Options For Resolving a Contractor Dispute

A dispute with a general contractor can crop up even when you have extensively vetted the individual you chose.  There are options to resolve it, and you’ll be better off understanding your different options for dispute resolution.  Never fear, because you are not locked into one form of resolution.  You might be surprised to learn that an alternative form of resolution is more suited to your needs, especially once you factor in the cost of your time and energy. [Read more…]

Answers To Most Commonly Asked Questions About Bankruptcy Mediation

Bankruptcy Questions

Bankruptcy mediation is a process that is frequently very successful in resolving bankruptcy issues outside of the typical legal framework.  The process is led by a neutral third-party mediator who helps to facilitate conversation between relevant parties.

What Can Be Mediated and When?

Bankruptcy mediation is very helpful in resolving disputes where there are multiple parties involved, specifically with regard to issues like interest rates, state law specific disputes, and valuation.  [Read more…]

Should Your Employee Dispute Go To Mediation?

Whether you are the employer or the employee, nobody wants to deal with a workplace employee dispute.  If both parties are still working together, ongoing litigation tends to highlight tension and make everyday life more difficult.  If the court located in your area is extremely busy, it could take months to resolve an employee dispute that could have seen a swift end in mediation.  In litigation, it can seem like your case just drags on endlessly, with hearings that only allow you to discuss a handful of issues at a time.  Rather than focusing on your job or your life, you are stuck in court, dealing with a very expensive case. [Read more…]

Is Credit Counseling the Best Option For You?

If you’re trying to dig your way out of a financial mess, you might have come across credit counseling in your research.  Trying to improve your financial struggle might be possible through credit counseling, but for some, bankruptcy is the best solution for your issues.  Credit counseling is a possible alternative to meet your financial obligations, but if you’re buried too deep, credit counseling might not help you out.

In some cases, credit counseling can actually make your situation worse.  [Read more…]

The Importance of Pre-Mediation Negotiation

One of the most important things that parties involved in mediation can do is to have adequate pre-mediation negotiation.  By having open negotiation even before mediation takes place, the parties will have a better idea as to what the strengths and weaknesses of the other side’s case is and a better understanding of the expectations they have when it comes to settling their case.

When the parties come to an agreement to mediate their dispute, it is really only the first step in beginning the mediation. [Read more…]

Five Reasons Why Mediation Should Be Offered in the Workplace

Mediation works very well for cases involving employment issues for a number of reasons such as savings in cost and time, maintenance of the employment relationship, confidentiality, improvement in the management functionality of your business and better morale among employees.

1.  Savings

Mediation often takes much less time than bringing a legal dispute before a court.  [Read more…]

Non Dischargeable Debts in California Chapter 7 Bankruptcy

If you’re feeling buried by your debts and it seems like you’re losing control of your finances, you are not alone.  Taking the next step to regain control of your life can be as simple as having a conversation with a California bankruptcy attorney to inform you about your options.  Unfortunately, there are many misconceptions about bankruptcy, one of them being that all forms of debt are wiped out.  This is not true whether you are filing Chapter 7 or Chapter 13, so it’s worth considering before you move forward with your bankruptcy case. [Read more…]