Lawsuits 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.
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.
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.
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.
When 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).
Any 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.
Obamacare, 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.