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How do I resolve a legal dispute without going to trial?

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Posted by Jeana Brookes on September 18, 2012 at 3:36 pm

conflict resolutino sydneyLawsuits don’t always mean going to trial. In fact, the majority of civil lawsuits are settled long before trial through out-of-court agreements. Legal experts in conflict resolution Sydney, refer to these tactics as alternative dispute resolution (ADR), which can encompass a number of ways to resolve conflicts without a lawsuit or, if the lawsuit has already been filed, without a trial.

ADR can be used for many types of disputes including divorces, business and real estate disputes, landlord/tenant disputes, contractors, disputes with contractors, financial disputes, employer-employee disputes, inheritance disputes, and conflicts between neighbors. The following are different kinds of ADR that are appropriate to consider for almost any kind of dispute.

Negotiation:

Most cases can be settled through negotiations where those involved in the dispute (or their attorneys) directly communicate with each other to try to reach an agreement. If no agreement is reached, those involved may try alternative ways of resolving the dispute.. If the parties do reach a satisfactory compromise, they should have their lawyers put it in writing so both parties can sign it.

Mediation:

If your attempts to negotiate a settlement are unsuccessful, you may want to try to resolve the dispute through mediation. In mediation, a trained mediator will help you and your opponent resolve your disagreement by identifying, defining, and discussing the things about which you disagree, in an effort to help you reach a mutual agreement.

Arbitration:

In arbitration, on the other hand, a neutral arbitrator reviews presentations from both sides and makes a decision. Such presentations could include documents related to the dispute and witness testimony provided during the arbitration. The arbitrator’s decision may or may not be binding. If the decision is binding, it generally is final and cannot be appealed (challenged). If the arbitrator’s decision is non-binding, however, you could take your case to trial if you do not agree with the decision.

Send a Demand Letter:

If negotiation and mediation have failed but you still want to avoid a trial, then the next step is to ask your lawyer to write a carefully thought-out letter to the person with whom you have a disagreement. This is called a demand letter, and should include an accurate summary of the history of the problem and a date by which you would like a response or settlement. Dispute resolution Sydney experts, say this approach may seem destined to fail, but sometimes, putting the conflict on paper, in a logical, readable manner can help the two parties rethink their stances and resolve issues on the spot.

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What is eminent domain?

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Posted by Jeana Brookes on August 31, 2012 at 10:45 am

eminent domain attorneyEminent domain is an action of the state to seize private property without the owner’s consent by providing just compensation. The rule is normally applied when building highways, train tracks or public property for the benefit of a community and the action is protected by the U.S. Constitution.

Today, eminent domain has been expanded to private projects as well. The U.S. Supreme Court set a precedent for government to transfer property to private interests when there is a “public interest” such as economic development back in 2004. The eminent domain lawyer for the case pressed the high court to vote 5-4 in favor of economic development projects that create jobs, increases taxes and other revenue, and revitalizes a depressed or blighted area that qualifies as “public use.”

Known as compulsory purchase in the United Kingdom, New Zealand and Ireland, or resumption/compulsory acquisition in Australia, or expropriation in South Africa and Canada, the theme is generally the same, applied in through different methods in different regions.

For example, in Wisconsin, the eminent domain law does not explicitly allow for the transfer of property to a private entity. Following the decision, the Wisconsin Legislature adopted eminent domain legislation to protect the rights of private property owners. Act 233, which went into effect in April 2006, defined blighted property based on a variety of conditions that would make it “detrimental to the public health, safety, or welfare.”

Legally-identifiable factors contributing to a finding of blight could include abandonment; dilapidation; deterioration; age or obsolescence; inadequate ventilation, light, air, or sanitation; overcrowding; unsafe conditions; and other factors. For a property with a single dwelling eminent domain attorney experts say a finding of blight requires an additional condition, either that it is not occupied by the owner or a relative, or the crime rate in, on, or adjacent to the property is at least three times the crime rate in the remainder of the municipality in which the property is located.

Still, there was room for broad interpretation of the blight definition in Wisconsin. In 2011, Sen. Mary Lazich, R-New Berlin, hoped to tighten the definition of “blighted areas” to provide additional protection for property owners from eminent domain when the intent is to transfer interests to a private entity, but the bill failed to pass in the senate in March.

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How do I avoid legal and accounting troubles with business partners?

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Posted by Jeana Brookes on August 28, 2012 at 11:07 am

tax preparation in encinitasWhen choosing strategic business partners one must consider how they will choose the right people, create an appropriate structure, define expected measures of success and identify potential threats or failures. Most importantly, one must not overlook legal and accounting in Encinitas issues that may arise during the partnership. Below are some key points the Financial Post recommends when starting a successful, trouble-free business relationship between two entities.

Protect intellectual property: It is important that any business agreement safeguards the intellectual property of each participant. Doing so helps to reduce the risk of unnecessarily exposing what makes your company special. This alone can have considerable implications on the ownership of licenses and future royalties.

Protect confidential information: To protect confidential information, you can limit its access to those who require it to carry out the obligations defined in the alliance agreement. Another safeguard is to agree upon and monitor specific standards for sharing, managing and guarding confidential information.

Define sharing agreements: Alliances are built on the premise of sharing resources such as data, intellectual property, competitive intelligence, and access to employees and customers. Sharing such resources creates a unique set of legal and business requirements that need to be included in an alliance agreement. Begin by taking an inventory of the resources that you plan to share so that they may be included.

Partner with competitors. Defining the rules around sharing in an alliance agreement is particularly important when forming an alliance with a competitor. For example, competitive partners in the airline industry establish rules around sharing routes, and competitive partners in the auto manufacturing industry develop detailed rules about sharing vehicle components. In fact, hyper-competitive partners often develop a “co-opetition” framework that recognizes two partners may effectively leverage an alliance for some product offerings or targeting some market segments while remaining fierce competitors in others.

Protect expertise and client information: Resources commonly shared during an alliance include human resources and customer data. As a result, there can be concerns that employees may work for the current or former alliance partner. To safeguard against this risk, include in an alliance agreement an employee non-solicitation clause where partners agree not to offer employment to the other partner’s employees during the term of the agreement or for a defined period after the conclusion of the alliance. A similar non-solicitation clause can be added so that partners cannot solicit each other’s clients.

Protect confidential information: To protect confidential information, you can limit its access to those who require it to carry out the obligations defined in the alliance agreement. Another safeguard is to agree upon and monitor specific standards for sharing, managing and guarding confidential information, especially during tax preparation in Encinitas.

Define post-alliance obligations: Whether an alliance is established for a specific, one- time event or it is intended to span several years, participants need to identify the conditions that would cause the partnership to end — either on friendly terms or not (e.g. because of non-performance). The more involved the alliance, the more important it is to consider post-alliance obligations to minimize any potential business disruption or damage to complex relationships (with customers, suppliers, manufacturers and/or distributors).

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What is premises liability?

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Posted by Jeana Brookes on August 23, 2012 at 3:32 pm

attorney rockville marylandAny person that suffers any injury in a home or business can be eligible to file a premises liability suit. According to premises liability lawyer rockville, these injuries are commonly referred to as “slip and fall” injuries and, while they may often be accidents, premise owners can still be liable for the conditions on their property that cause the accident.

In most cases, judges weigh whether the injury could have been prevented by the owner and they also take into the nature of the visitor into account. A person can file a premise liability claim if they are injured on property as a result of various conditions including: torn carpeting, slippery surfaces, falling ceilings, poor light, potholes, toxic fumes, overcrowding, unrestrained animals, swimming pools, broken guardrails, broken doors or windows and icy sidewalks.

Premises liability law also requires landowners to keep public sidewalks neat and tidy in addition to the inside of a home or business and all surrounding private properties.

In most cases, victims may be able to receive compensation for medical expenses, missed paychecks due to time off work, and pain and suffering caused by the accident. If the slip and fall accident led to a person’s death, surviving family members may receive compensation.

The liability burden is dependent upon what type of visitor is injured by the accident. Business owners are held to the strictest burden by premises liability law. They must provide a safe environment for their customers, and they are liable for injuries to visitors not only if they knew about the hazard that caused the injury and failed to notify the customer, but also if they should have known about the potential hazard.

Homeowners also must be vigilant to protect themselves from liability for accidents occurring on their property. If a visitor falls on a broken step, bad flooring, or an icy driveway, the homeowner would be liable if he or she knew about the problem, failed to rectify it, and failed to tell the visitor about the hazard. Trespassers have little chance for protection from premises liability law, unless they can prove that the home or business owner knew about their presence when the injury occurred.

Proving liability in the third situation can be tricky because of the words “should have known.” In these instances, the case is often decided by common sense. Judges and juries determine liability by deciding if the owner makes regular and thorough efforts to keep the property safe and clean. Having an experienced attorney Rockville Maryland on your side is a great advantage in cases where you need to prove that a property owner should have known about a dangerous condition.

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What is Obamacare?

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Posted by Health News Watch on August 15, 2012 at 3:38 pm

medical collection agencyObamacare, officially known as the Patient Protection and Affordable Care Act (PPACA), is arguably the president’s main achievement during his time in office, but few people understand what Obamacare actually does. This may be due to the bill’s unprecedented length and the healthcare industry’s purposefully complicated tactics to confuse customers, but there answers do exist.

The overarching theme of the PPACA is to make health care more affordable for all U.S. residents. From medical collections to drug production, it will have a large impact on every health-related aspect of our lives. Below we will attempt to breakdown the main parts of the  bill in simple language:

What the PPACA has already put into effect:

  • It forbids insurance companies from discriminating based on a disability.
  • It allows the Food and Drug Administration to approve more generic drugs (making for more competition in the market to
  • drive down prices)
  • It increases the rebates on drugs people get through Medicare (so drugs cost less)
  • It makes a “high-risk pool” for people with pre-existing conditions. Basically, this is a way to slowly ease into getting rid of
  • “pre-existing conditions” altogether.
  • It creates a new 10% tax on indoor tanning booths.
  • It will stop health insurance companies from denying coverage because a customer has hit a “lifetime limit”.
  • Bans “pre-existing conditions” for kids under the age of 19.
  • Forbids insurers from dropping customers while they are sick.
  • Extends Medicare to small, rural hospitals.

What it will put into effect in January 2014:

  • Ends the use of “pre-existing conditions.” Everyone will be charged the same regardless of their medical history.
  • People will be charged a fee if they can afford insurance, but remain uncovered.
  • Medicaid will be expanded to cover more people living below the poverty line.
  • Businesses with over 50 employees must offer health insurance to full-time employees, or pay a penalty.
  • Limits the annual deductible insurers can charge customers.
  • Establish health insurance exchanges and rebates for the lower and middle-class, basically making it so they have an easier
  • time getting affordable medical coverage.
  • Creates new taxes on pharmaceutical companies.
  • Creates new taxes on the purchase of medical devices.
  • Creates new tax on insurance companies based on their market share.

Obviously, there is much more to Obamacare than what is listed above, but this should provide a broad starting point for anyone wondering what will happen to their healthcare. More details need to be worked out, many programs need to be fined tuned, but significant changes are on the way and every medical collection agency and health provider is keeping a close eye on the developments as they come.

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Trespasser premises liability cases, are there complexities?

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Posted by Jeana Brookes on July 26, 2012 at 9:10 am

“Premises liability” holds that owners or managers of property are legally responsible for accidents and injuries that occur on their property.  The exact wording of the legislation varies between States, but, as a land owner if you are uncertain it could be best to consult a specialist such as attorney Rockville Maryland.

There exist a number of well known lawsuit cases such as the man who sued Winnebago for mistaking cruise control for autopilot, the elderly woman who sued McDonald’s for providing her with a coffee that was too hot and the case of the trespasser who sued the premises owner for injury while on the premises.  The belief that should a trespasser enter your property you are liable to be sued if they injure themselves is not entirely the true.

On investigating cases it is evident that decisions can swing either way, depending on the finest of details.  In the case James Chapman v. Gerald Willey (a motel owner) where the former got into a fight with another man who was residing at the motel which he visited.  The fighting began in the motel’s grounds following the trading of insults earlier in the evening.  During the fight Chapman fell down a flight of stairs and sustained injuries, he proceeded to sue the motel for his injuries.  The court ruled in favour of the motel owner as Chapman (a non-resident of the motel) was deemed to be trespassing.  The ruling against Chapman based on his trespassing status does not exempt property owners all together as they will remain liable if they intentionally cause injuries to anybody deemed to be a ‘trespasser’ – a person who enters a property without a landowner’s consent.

As home or business owner the onus is on you to ensure the minimum potential risk to anybody who comes to your premises.  Although impossible in some instances, premises owner should be extra vigilant and proactive in guaranteeing safety.

Should there be any ambiguity regarding a case or incident specialists such as the premises liability lawyer Rockville can assist with your queries.

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Are larger companies more susceptible to employee claims?

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Posted by Jeana Brookes on July 25, 2012 at 10:04 am

The common trend for companies is to harbour an open work environment, one that dissuades union membership while focusing on the company collective.  While access to unions is important a number of large companies have resorted to resolving disputes internally via Alternative Dispute Resolution (ADR), leaving the likes of workers comp attorney Rockville are isolated from proceedings.

A study by Roche & Teague (2010), estimates that 40% of the 50 biggest firms have something similar to minimal conflict resolution procedures (ADR or traditional) in place, causing concern for the quality of employment relations.  Organisations are demonstrating a clear reluctance to engage with public conflict resolution bodies as there exists a preference for the more widely adopted in-house methods, reducing costs and potential negative publicity.

As large organisations attempt to appease employees with this new take on managing disputes, the companies that tend to suffer the most from work disputes are the small to medium sized enterprises (SMEs) whose owners are responsible for understanding each element of the law to minimize the risk of a potential dispute.  SMEs generally do not have the scale or the capabilities to apply extensive human resources practices therefore should a dispute arise they can find themselves in difficulties.  Avoidance of the extensive litigation process is preferable and it appears as though the favourable measure adopted is that of legal mediation similar to that offered by attorney Rockville Maryland.

Research from the United Kingdom has shown that SMEs are twice as likely to face litigation or claims as a larger firm, resulting in greater costs for resolution relative to revenue.  The figures show that SMEs in that case are in fact more likely to breach the law but it is more probable through ignorance rather than flagrance.

Work conflict is almost unavoidable, but it can be managed well or poorly, as employers are under pressure to cut costs, it is recommendable to ensure that changes or amendments to staffing are well thought out otherwise a costly dispute might occur.

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How Can Invest Like Warren Buffett?

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Posted by Heather Aarons on July 12, 2012 at 11:16 am

Warren Buffett is considered one of the richest men in the world and the most successful investor of the 20th century. As a primary shareholder, chairmen and CEO of Berkshire Hathaway he has conducted very intelligent business and investment tactics that others want to learn from and copy.

There are several well-known Buffett strategies that will help any investor, businessmen, or regular tax payer looking to invest or when meeting with our tax experts like tax preparation Encinitas accountants.

A major investment strategy that Warren Buffett utilizes is a modification of the value investing approach that his mentor Benjamin Graham once used. Before buying a business, Warren looks to see if the business has earnings with an upward trend with consistent margins, the debt-to-equity ratio was low and if it was high he made sure that the company could repay their debt.

He also ensures that the return on equity (ROE) is consistent and more than 12%, the company retains earnings for growth, the company has a low maintenance cost of operations, they reinvest earnings in good business opportunities, and the company is able to adjust prices for inflation. Buffett does not hurry to invest in businesses. He will wait for market corrections or downturns to buy successful businesses at reasonable prices. Buffett is known for creating the term “economic moat” which means that he prefers to attain companies that have more competitive advantages over other businesses. As a result of  these investment strategies, Buffett has become a very wealthy and successful man who has earned billions of dollars.

To learn more about smart business planning and accounting visit this bookkeeping Encinitas website.

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What Is the Occupy Wall Street Group Protesting?

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Posted by Heather Aarons on July 12, 2012 at 9:15 am

Almost a year later, the Occupy Wall Street Protest Group still stands strong in their position as they protest the harmful effects of globalization and declare the need to reform capitalism.

Their movement began in Zuccotti Park in New York City’s Wall Street financial district on September 17, 2011. After their initial protest, occupy protests followed suit around the world. These people, who allegedly represent the 99% of the population, are standing up against economic inequality and corruption around the world.

The governments, in particular the U.S. government, now have to deal with this large, unhappy group of people demanding change.  In fact, legal writer, Richard Allen Epstein, an advocate of the role of an eminent domain and partial taking attorney in the United States, and author of Private Property and the Power of Eminent Domain, also argues that the redistribution of wealth is a proper function of government.

As we witness the changes due to globalization and the richer getting richer, those that are able to speak up about it are doing it and making it loud and clear to the government that they want to see changes. The Occupy Wall Street movement’s goals include a more balanced distribution of income, more and better jobs, bank reform, and a reduction in the influence of corporations on politics.

To learn more about eminent domain visit this partial taking lawyer website.

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How Can I Improve My Practice’s Billing Processes?

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Posted by Amanda Guerrero on June 26, 2012 at 12:14 pm

Like any other business, the success of a medical practice or healthcare facility depends largely on the capacity of its billing and collections staff to carry out medical accounts receivable processes in an accurate and efficient way. In order to streamline billing tasks for quicker returns and more effective medical revenue cycle management, it is necessary to get your entire staff on board.

Educate employees.

The first step to making sure that your billing processes are on track is educating staff members. Make sure that employees responsible for check-in, check-out, and scheduling are clear about which insurances your practice accepts. This way, patients won’t be surprised to find out later that their office visit wasn’t covered and will have to be paid out of pocket.

It is also important for employees who handle time-of-service payments to understand where to find co-pay collection amounts on benefits statements and insurance cards. When patients get undercharged, your billing staff gets left with extra work trying to collect money that should have been paid before the patient left the office.

Establish collection policies.

Collection policies aren’t meant just for patients. Your employees should know understand medical accounts receivable procedures and billing timeframes for contacting patients. You might want to mail statements out every 30 days, for example, and have staff members follow up with phone calls. After a set amount of time has lapsed without payment, consider sending the account to a collection agency.

Set approximate timeframes for performing certain functions.

To improve efficiency, set goals for your employees and let them know what you expect of them. If one person should be able to process ‘X’ amount of claims per hour, let them know. Be flexible if goals aren’t being met and understand that some tasks are more complex than others. However, if you notice a pattern with one employee continually failing to reach their goal, talk to them and find out what they can be doing differently.

To learn more about how accounts receivable management, click here.

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