Small Business Solutions

There are myriads of things you must think about when opening any type of business whether it is a small business or a large corporation and one of those is how business law may affect you. Failure to pay attention to business and corporate law can land you in a world of trouble-both legal and financial. The good news is that you do not necessarily need to be a graduate of a fancy business law college or have a business law major to brush up on the basic ideas of small business law and corporate business law. If you’ve paid attention to the headlines lately, you probably know that employment law for business is one of the number one areas where you can get into trouble if you aren’t up on all the employment laws and regulations. There are numerous laws that govern the employment of both regular employees and contract employees. Just for a broad overview, take a look at all the employment business laws you must meet: • Civil Rights Act of 1966. • The Equal Pay Act of 1963 • Americans with Disabilities Act • The Immigration Reform and Control Act of 1986 • The Age Discrimination in Employment Act • The Equal Employment Opportunity Act • The Bankruptcy Act • The Occupational Safety and Health Act • FMLA, the Family Medical Leave Act • Employee Polygraph Protection Act Labor Law • FLSA, the Fair Labor Standards Act And that’s not even counting the various state employment business laws that might apply to your business! If you aren’t sure of whether you are meeting all the regulations, it’s a good idea to get a checkup for your HR department. Do you happen to work in the international arena? If you have anything at all to do with international business, then you should be aware of the many ways in which international business law can affect you, your business and your bottom line. At a minimum, you need to make sure that you meet general international business laws, specialized export laws, import laws and any laws of the foreign country in which your business operates. And what about the business law scene at home? Were you aware that in addition to Federal business law and international business law, you are probably required to meet State business law regulations? Do you know whether you need a business permit or license? Failure to obtain one can result in the shutdown of your business and hefty fines and penalties. This is just one of the ways that state business law, such as California business law, can affect the health of your business if you aren’t careful to stay on top of things. Finally, what about Internet and online business laws? Were you even aware that there was such a thing? The Internet has exploded so much in the last decade that the government has found it necessary to institute Internet compliance laws. If you operate a website of any kind and do not meet the compliance regulations, that site could be shut down and you could face criminal prosecution and hefty fines. Of course, no one should ever attempt to navigate the complexities of any type of business law alone and the best course of action is to always seek the qualified professional advice of a business law firm, but hopefully these tips will help you to understand a little bit more about business law requirements. Summary: When operating a business, regardless of whether it is a small business or a large corporation, you need to be on top of business law compliance. Even if you hire a business law firm, it’s still a good idea to understand what regulations you must meet.

There are myriads of things you must think about when opening any type of business whether it is a small business or a large corporation and one of those is how business law may affect you. Failure to pay attention to business and corporate law can land you in a world of trouble-both legal and financial. The good news is that you do not necessarily need to be a graduate of a fancy business law college or have a business law major to brush up on the basic ideas of small business law and corporate business law.

If you’ve paid attention to the headlines lately, you probably know that employment law for business is one of the number one areas where you can get into trouble if you aren’t up on all the employment laws and regulations. There are numerous laws that govern the employment of both regular employees and contract employees. Just for a broad overview, take a look at all the employment business laws you must meet:

• Civil Rights Act of 1966.

• The Equal Pay Act of 1963

• Americans with Disabilities Act

• The Immigration Reform and Control Act of 1986

• The Age Discrimination in Employment Act

• The Equal Employment Opportunity Act

• The Bankruptcy Act

• The Occupational Safety and Health Act

• FMLA, the Family Medical Leave Act

• Employee Polygraph Protection Act Labor Law

• FLSA, the Fair Labor Standards Act

And that’s not even counting the various state employment business laws that might apply to your business! If you aren’t sure of whether you are meeting all the regulations, it’s a good idea to get a checkup for your HR department.

Do you happen to work in the international arena? If you have anything at all to do with international business, then you should be aware of the many ways in which international business law can affect you, your business and your bottom line. At a minimum, you need to make sure that you meet general international business laws, specialized export laws, import laws and any laws of the foreign country in which your business operates.

And what about the business law scene at home? Were you aware that in addition to Federal business law and international business law, you are probably required to meet State business law regulations? Do you know whether you need a business permit or license? Failure to obtain one can result in the shutdown of your business and hefty fines and penalties. This is just one of the ways that state business law, such as California business law, can affect the health of your business if you aren’t careful to stay on top of things.

Finally, what about Internet and online business laws? Were you even aware that there was such a thing? The Internet has exploded so much in the last decade that the government has found it necessary to institute Internet compliance laws. If you operate a website of any kind and do not meet the compliance regulations, that site could be shut down and you could face criminal prosecution and hefty fines.

Of course, no one should ever attempt to navigate the complexities of any type of business law alone and the best course of action is to always seek the qualified professional advice of a business law firm, but hopefully these tips will help you to understand a little bit more about business law requirements.

Summary: When operating a business, regardless of whether it is a small business or a large corporation, you need to be on top of business law compliance. Even if you hire a business law firm, it’s still a good idea to understand what regulations you must meet.

Did you find this article useful?  For more useful tips and   hints, points to ponder and keep in mind, techniques, and insights pertaining to Internet Business, do please browse for more information at our websites.

http://www.adsence-dollar-factory.com

http://www.100earningtips.com



By: jsolutions014

About the Author:

legal resources

A small business can not afford to keep a lawyer on its payroll, full time. But, a small business should not become incorporated without consulting a business lawyer and getting the business set up properly with the state that the small business wants to become incorporated in. There are ready made documents that a small business can fill it and incorporate itself without a lawyer, but that is the surest way to lawsuits and irregularities that might show up when trying to apply for a small business insurance policy. At any event, introducing yourself to a lawyer when beginning a business and keeping him on a retainer is inexpensive and can save the small business lawyer unnecessary stress if confronted by a legal situation.

What a small business owner should keep in mind is that a small business lawyer is bound by ethics that he shouldn’t violate without risking his own license. A small business lawyer kept on a retainer should be treated like a highly respected officer of the law, which is after all what a lawyer is. Once you have a lawyer on a retainer you can refer lawsuits, harassing clients, or make inquiries into legal proprieties before submitting a contract. A small business owner is knowledgeable about the products and services that he sells, he is not expected to be knowledgeable about business law, company law, or corporate law.

It is also advisable when facing an IRS audit to contact your small business lawyer. If he is not qualified to help you, he should be able to advise you on who to contact for assistance. You should never face an audit alone without your lawyer present. If you are being sued, you should never deal with the suers lawyer or the one suing you personally. You might find yourself being sued for negligence and be found guilty just by talking to the one suing you as if you are admitting fault. Never let yourself open to charges of harassment by thinking that you are being nice by accepting a direct call from a lawyer of from an individual who is suing you in court.

If you want to settle out of court, let your small business lawyer handle the situation. There are many cases where small business owners tried to settle out of court and ended up being charged for attempting to bribe their way out of a lawsuit. Anyone who is suing you is not going to be taken in by an offer of money to settle out of court unless the offer is made by lawyer talking to another lawyer.



By: Jack Wardin

About the Author:

business mediation

an no longer assume that anything that happens, especially written notes, is protected by the confidentiality provision. Even if the parties sign the confidentiality agreement at the beginning of mediation that does not mean that everything is confidential, aside from a Settlement Agreement signed by the parties.

If a party produces, documents during the mediation, ask if this document is protected by the confidentiality agreement. If a party writes notes on a piece of paper, ask what is the purpose of the document and if it is a confidential writing. If it is confidential, it should be destroyed at the end of the mediation. Further, it should be identified in the confidentiality agreement that the writing is confidential. The parties or mediator should constantly question the protection of writings and conversations during mediation. If not, a party will find itself in the situation of the Thottams.

The California Court of Appeal in the case of Estate of Thottams ( August 13, 2008) found that a document in chart form that was prepared during a mediation to demonstrate how assets should be allocated between the heirs, and initials placed next to each entry was a settlement agreement. Across the top of the chart were three columns, labeled with the first initial of each sibling. The chart was filled in to designate specific allocations of the listed assets. The siblings each signed and dated the top of the chart in the column with his or her initial, and initialed each entry in that column. Prior to the mediation, the parties signed an agreement which affirmed the confidentiality of the mediation except as may be necessary to enforce any agreements resulting from the Meeting.

Following the mediation, one party brought a civil action to enforce what he claimed to be a settlement agreement reached in mediation. The court found that this chart regarding allocations of assets was a settlement agreement and was exempt from the confidentiality provision. The court held that the material terms of a proffered contract must be sufficiently certain to provide a basis for determining what obligation the parties have agreed to. (Weddington Productions, Inc. v. Flick, 60 Cal.App.4th at pp. 811-812.) The court stated that ‘There are occasions in which minor matters in elaborate contracts are left for future agreement. When this occurs, it does not necessarily mean that the entire contract is unenforceable.’ (Id. at p. 813.) Applying these principles, the court concluded there was sufficient evidence before the court to establish the preliminary fact that the chart created at the mediation was a settlement agreement. The items on the chart, while lacking in formality, were sufficiently clear to determine the obligations to which the parties agreed. There were no complete sentences, nor formal descriptions of the assets being addressed, but the assets were named in shorthand which apparently was understood by the parties.

The court held that the chart was not a model of clarity, but the chart provided sufficient information about allocation of assets to indicate the intended obligations of the parties. Whether or not the document contained all necessary details for enforcement, it certainly contained adequate manifestation of mutual consent to material terms which were capable of being made certain. Without deciding its enforceability, the court concluded that the chart constituted a written settlement agreement for purposes of Evidence code section 1123, subdivision (c).

The lesson learned from Thottams is to question, question, and question during mediation. Mediators may not be tuned to the tricks of the parties, so the parties should always question the intent of the use of a document or writing during mediation. If a party wants to make certain that the document is protected by confidentiality, it should be noted in the confidentiality agreement.

Mediators should control the process so that they do not get caught testifying as to the intent of the parties following mediation. Mediators should have the parties sign a confidentiality agreement, if documents are later produced, question its confidentiality and note the document in the confidentiality agreement. If the parties need to illustrate a point, use a dry ink board. At the end of the mediation, erase what is on the dry ink board. If the parties want what was written on the board to become embodied in a settlement agreement, have the parties draft and sign a settlement agreement.

If these simple rules are followed, the court of appeal will no longer have to stretch to find an agreement when all the parties did not intend for it to operate as an agreement.



By: Elizabeth A Moreno

About the Author:

financial analysis

Each and every person in this world must have at least once thought about opening some sort of business to increase his or her income. No matter if you are thinking about opening a small family business or a larger company, you cannot do anything but obey the business laws! If you don’t, you and your business can get into serious trouble!

In case you are under the impression that you need to be a graduate of a business law college or have a business law major in order to understand and use some of the basic ideas of small business law and corporate business law, you are making a very big mistake. Perhaps you have heard form the news and the headlines that employment law for business is one of the most dangerous fields, as a person can easily break the business laws and regulations.

The least any business man should know is that he or she must meet the general international business laws. You must also consider the export laws, import laws and but, by all means, one must obey to the specific laws of the country in which your business is situated.

Should you own a company that operates in your home country, then you must get to understand the business laws there. If you cannot manage to get a business permit or license, you can find yourself in a great amount of trouble, as your business can get shut down. Not to speak about the inconveniences due to business and hefty fines and penalties!

If you thought that Internet and online businesses do not need to take these rules seriously, then you can have the unpleasant surprise of getting serious problems. Of course these types of business need to obey the business laws, but they are called Internet compliance laws. Therefore, should you be operating a website of any kind and do not care about all these rules and regulations, criminal prosecution and hefty fines are waiting for you right across the corner.

Well, if all these bad things have made you fear doing business of any kind, you must know that no one expects you to be able to navigate the complexities of any type of business law by yourself! The best option for you is asking for help from a qualified professional of a business law firm. This way you will never get into trouble of any kind!



By: Dalvin Rumsey

About the Author:

website design

There are a myriad of things you must think about when opening any type of business whether it is a small business or a large corporation and one of those is how business law may affect you. Failure to pay attention to business and corporate law can land you in a world of trouble-both legal and financial. The good news is that you do not necessarily need to be a graduate of a fancy business law college or have a business law major to brush up on the basic ideas of small business law and corporate business law.

If you’ve paid attention to the headlines lately, you probably know that employment law for business is one of the number one areas where you can get into trouble if you aren’t up on all the employment laws and regulations. There are numerous laws that govern the employment of both regular employees and contract employees. Just for a broad overview, take a look at all the employment business laws you must meet:

• Civil Rights Act of 1966.

• The Equal Pay Act of 1963

• Americans with Disabilities Act

• The Immigration Reform and Control Act of 1986

• The Age Discrimination in Employment Act

• The Equal Employment Opportunity Act

• The Bankruptcy Act

• The Occupational Safety and Health Act

• FMLA, the Family Medical Leave Act

• Employee Polygraph Protection Act Labor Law

• FLSA, the Fair Labor Standards Act

And that’s not even counting the various state employment business laws that might apply to your business! If you aren’t sure of whether you are meeting all the regulations, it’s a good idea to get a checkup for your HR department.

Do you happen to work in the international arena? If you have anything at all to do with international business, then you should be aware of the many ways in which international business law can affect you, your business and your bottom line. At a minimum, you need to make sure that you meet general international business laws, specialized export laws, import laws and any laws of the foreign country in which your business operates.

And what about the business law scene at home? Were you aware that in addition to Federal business law and international business law, you are probably required to meet State business law regulations? Do you know whether you need a business permit or license? Failure to obtain one can result in the shutdown of your business and hefty fines and penalties. This is just one of the ways that state business law, such as California business law, can affect the health of your business if you aren’t careful to stay on top of things.

Finally, what about Internet and online business laws? Were you even aware that there was such a thing? The Internet has exploded so much in the last decade that the government has found it necessary to institute Internet compliance laws. If you operate a website of any kind and do not meet the compliance regulations, that site could be shut down and you could face criminal prosecution and hefty fines.

Of course, no one should ever attempt to navigate the complexities of any type of business law alone and the best course of action is to always seek the qualified professional advice of a business law firm, but hopefully these tips will help you to understand a little bit more about business law requirements.

Summary: When operating a business, regardless of whether it is a small business or a large corporation, you need to be on top of business law compliance. Even if you hire a business law firm, it’s still a good idea to understand what regulations you must meet.



By: Arvinder Jeet Singh

About the Author:

website design

Vallejo divorce mediation is a civil way to get divorced. Vallejo Divorce Mediation relatively inexpensive, painless and quick. I’m not going to lie to you and tell you that it’s free and painless. But you can have it done in a day and it will only cost you a few hundred bucks. Considering the cost of a contested divorce, it’s a good idea (if you and your spouse are still on speaking terms). In Vallejo, divorce mediation and other types of Alternative Dispute Resolution, are growing in popularity. And for good reason I think. Who want’s to give lawyers tens of thousands of dollars?

Generally, Vallejo divorce mediation is between you, your spouce and a neutral third party. Here’s what happens:

- You and your spouse give your offer for resolving the dispute to an appointed or agreed upon third party.

- This person is usually an attorney with many years experience in family law.

- She will decide the outcome of the dispute for the parties in lieu of court action.

There might be a bit of yelling between you and your spouse, but for the most part, it’s all pretty civil. Courts like it to. They find that the solution that you and your partner work out is better than the one that they decide on. So go on, talk to a Vallejo divorce mediation lawer about it.

Talk to several Vallejo divorce mediation lawyers. They’re smart people. And they’re not just after your money. Trust me on this – if they were, they’d be in commercial law advising hedge funds. They’re here to help you. And they might be able to find a good, economical solution that works for you and your partner.

Vallejo divorce mediation means that the parties attempt to negotiate a resolution through the help of a third party neutral family law attorney or other mediator. This Vallejo divorce mediator assists the parties in making agreements in light of the relevant law. It doesn’t work for every case, but when possible, Vallejo divorce mediation is usually the best option.

If Vallejo Divorce Mediation is required, it can be completed instead of going to court. If Vallejo divorce mediation fails, then you and your spouse may find yourselves in court.

What happens if I’m not happy with the Vallejo divorce mediation Decision?

There are special rules involved in appeals of the decision made by Vallejo divorce mediation. So, don’t worry about this yet. If your unhappy with the results you do have recourse. Talk to a lawyer experienced with Vallejo divorce mediation. They can help.

Vallejo divorce attorneys can help you figure out how to settle your case in the most efficient manner possible. They understand that the way to building a thriving practice is to actually help people. Each Vallejo divorce attorney that we work with explores the possibilities of mediation. Vallejo divorce mediation might not work for you, but at a cost of under $1,000 for a divorce, Vallejo Divorce Mediation is certainly worth looking into.

In recent years, the use of Vallejo divorce mediation has increased. People are realizing that they probably would be well served to not each spend over $10,000 on a divorce. That’s where Vallejo divorce mediation can help. Also, courts have shown a preference for resolving disputes outside of court. Courts also prefer Vallejo divorce mediation. It’s easier for them, and better for you.

Vallejo divorce mediation decisions are on the rise. having attorneys, judges, and parties spending a day in court is very inefficient and costly. Also, parties generally abide by Vallejo divorce mediation agreements more closely than by court decisions. Vallejo divorce mediation encourages overall harmony. I generally don’t like to give advice to people I’ve never met, but try Vallejo divorce mediation before fighting in court. My parents started figting over their house in court. They realized that if they kept fighting, the legal fees would be almost as much as the house was worth. They switched to Vallejo divorce mediation. It worked really well. Give it a go. At the very least, fill out our contact form and talk to a Vallejo divorce mediation attorney.



By: Charles Shaw

About the Author:

small business tips

The inordinately heavy caseload in the Family Court of Australia necessitated a novel approach, and since alternative dispute resolution has become accepted and recognised in itself worldwide, it seemed that this was the way to go.

New reforms of Family Law were introduced in Australia, and have been operative from July 2007. Parties who wish to begin parenting actions in the Family Court of Australia are obliged, in terms of the relevant legislation, to provide a Certificate from a Registered Family Dispute Resolution Practitioner explaining how the parties dealt with mediation.

Section 60I Certificates can reflect certain different scenarios; for example, that the contacting party (the one who seeks out mediation and makes the initial phone call, if you like) made a genuine effort to have the matter mediated but failed because of the other party’s failure or refusal to attend.

Alternatively, the Certificate could reflect that the parties did indeed make an attempt to settle their dispute but failed for one of a variety of reasons, not based on fault of theirs.

One long-standing exception to mediation relates to the issue of the parties’ safety in the process. If there is any prospect of the parties’ negotiating power being out of balance, the mediation should not proceed. The threat or presence of domestic violence or indeed, emotional abuse may make it difficult to feel empowered to negotiate properly in the mediation. This is where the skill of the mediator is really tested and this judgment will take place during the initial assessment/interview phase. There is also provision for the parties to apply for an exemption from the requirement that they should seek mediation on this special basis.

With regard to the last-mentioned category, this type of Certificate is envisaged to deal with the traditional complaint that is rendered as criticism of mediation, that power imbalances may not be properly addressed in mediation. There is a large artillery of criticism along this line that emerged from the early days of mediation and still today. No mediation should go ahead if a power imbalance cannot be redressed, but I believe this turns on the skill of the mediator and the likelihood and possibility of correct procedures being put in place.

Finally, a Certificate that one does not want to be the recipient of could provide that the parties made no genuine effort to settle the dispute through mediation. This is designed to thwart people who seek to attend mediation in order just to earn a Certificate and hence have ‘their day in Court’. Mediators should know when the parties are not making a genuine attempt to settle and may be penalised by the Court if this is the case.

This is how Australia finds itself at this point in time with regard to ‘mandatory mediation’.

On this point, it is interesting to note that one of the criteria that identify the process of mediation is that the parties must enter into it voluntarily, by their own choice, without any coercion. How then to reconcile this requirement with the fact that parties are now being compelled to mediate in certain instances? The thinking is that there is a clear distinction between compelling parties into the process of mediation as opposed to forcing them to mediate whilst they are in that process. One wonders whether the Australian Reforms in fact go too far, since if client parties exercise their voluntary decision not to adopt that process, they can be penalized by an Order of punitive costs against them. It is respectfully submitted that it will remain with the Judicial Officers to tread a line of caution here, so that parties who refuse and/or fail to attend mediation are not seen to be prejudiced by exercising a choice that qualifies the very nature of the process itself.

If you are a separating party, you might think that mediation is the answer to your prayers. Certainly this is not true and there are various safeguards that should be applied.

The point of departure for all parties should be to check out the background and credentials of the mediator. In the past, there were no rules and regulations governing who could mediate family disputes. This is now being looked at. The introduction of registration requirement, at least for an interim period, has been introduced. What this means is that anyone who wishes to mediate in the Family Law field and be eligible to issue a Section 60I Certificate, must go through a process of registration through a Government body.

As things stand in Australia now, anybody who wishes to be registered as a Family Dispute Resolution Provider will have their training assessed by a governing body to ensure that they have at least the minimum required standards. Only then will the mediator be put on the Register and issued with a registration number that must be used on the relevant Certificates. Thus parties have this innate safeguard that the mediator that they chose is competent. Organisations who legitimize mediators by virtue of their employment with them, must undertake the proper checks and balances of their credentials.



By: Vivienne Wolff

About the Author:

small business tips

FOR IMMEDIATE RELEASE

Contact: Delaney Law 312-276-0263 Ext. 242

E-mail: media@delaney-law.com

Lawsuits & TRO Motion at www.delaney-law.com

Bank of America – Here We Go Again!

In a Unique About Face, Small Business takes Offensive Against Big Bank

(Chicago, Feb. 4, 2009)    Today, Chicago based La Guadalupana Wholesale Co. Inc. is taking emergency legal action, in the form of a Temporary Restraining Order, against Bank of America claiming the bank has illegally and purposely damaged its business and reputation. 

La Guadalupana has been with Bank of America since 2006. Financial troubles arose in 2007 and La Guadalupana has been working toward settlement with the bank since July of 08, but claims Bank of America didn’t honor its end of the bargain. “Very recently, we discovered Bank of America has deliberately interfered with our clients’ business relationships, prospective business, and the good name of their company that has been cultivated over the past 65 years,” says attorney William Delaney.  “If we don’t get an emergency Temporary Restraining Order, more than 20% of my client’s business is at risk.”

“My family has been working night and day to honor our commitments to the bank, our employees, our community, and our vendors”, says Alejandro Castro the 3rd generation of Castros to run the Little Village and Back of the Yards Mexican foods operation. La Guadalupana was founded by Castro’s grandparents in 1945 and today employs 25 workers who are still making Grandma Castro’s century-old recipes.  “We’ve been Chicago’s number one maker of masa (the chief ingredient in tamales) for 63 years and we’ve achieved 15% growth every year for the last five years”, says Castro, “but now we’ve lost 30% of our market share since the bank began interfering.”

“There is a clear line between settlement negotiations and interference,” says Delaney, “and we are going to prove that Bank of America repeatedly crossed it. When you would think it is in the Bank’s best interest to give my client the ability to pay them back – they are taking every opportunity to get in the way.”

Today, La Guadalupana caused to be filed two separate lawsuits against Bank of America:

Emergency Temporary Restraining Order – seeking an immediate Court Order to enjoin Bank of America from:

a) communicating with La Guadalupana customers 

b) interfering with La Guadalupana business relationships and/or prospective business

2.      Complaint at Law – in Law Division seeking monetary damages and compensation 

I    Breach of Settlement Agreement

II   Trade Libel/Slander 

III  Tortious Interference with Prospective Business Opportunity and Economic Advantage

IV   Fraudulent Misrepresentation 

V    Breach of Fiduciary Duty

“What we hope”, says Castro “is that this is the lawsuit heard around the U.S. “If we can’t fix small business, we can’t fix the economy, and in the end billions of dollars will have been wasted.”

A Temporary Restraining Order will be set on the court’s calendar at the Daley Center.  We will provide more details as they become available.



By: Delaney Law

About the Author:

legal resources

Family court mediation involves a third party mediator who meets with and assists couples in reaching an agreement regarding any domestic disputes they may be having. Many counties in South Carolina require mediation in any contested family court case, such as divorce, child custody, property division or alimony. The mediator’s role is not to decide what is best for the parties, but to facilitate discussion and dialog between the parties to help them work through the issues and hopefully reach an agreement. The mediator is there to listen and assist the parties in their decision making. However, the parties are the ones who decide what their agreement will be. The mediator can meet with the parties in the same room or can travel back and forth between the parties, whichever the parties are most comfortable with. The amount of time that it takes to mediate a can depends on the parties comfort level and the issues involved.

Certified mediators undergo training before attempting mediation. You can verify the mediator’s certification before you start the process. Meeting with a mediator to discuss the issues that need to be resolved with your spouse can also be therapeutic, as often times, this is the best chance many people have for getting both personal and legal issues heard. It can be helpful for both parties to listen to the other’s point of view, especially if there are children or custody is an issue. Often times when dealing with a divorce the parties are so winning or being right, that they lose sight of the big picture, their children. No matter how the case ends, if there are children, the parties will have to find a way to share their time. As mediation can make the court process a lot less stressful and scary for any children involved, this alone can make mediation a more attractive alternative.

Mediation can be a more economical and amicable solution to resolve family law matters such as child custody, property division, and alimony. It’s always worth a try to consider mediation if you feel willing to compromise with your spouse to settle your legal disputes. Some reasonable give and take is necessary for mediation to work. However, mediation is not right for all family law cases, such as cases where there is domestic abuse or one or both of the parties are unwilling to compromise for the purpose of settlement. In these instances, mediation is rarely effective or worthwhile.

When meeting with a mediator, be prepared to list all the pending issues, as well as what you are willing to compromise. Finding a common ground with your spouse is the ultimate goal of mediation. Finding an attorney who is also a mediator can be even more helpful. The attorney is likely able to put any agreement reached in writing to be used in court when the parties finalize their case. Remember, mediation gives the parties way more control that the court system ever will. One of the advantages of mediation is the satisfaction of agreeing to a settlement versus being told what you will be required to do. So if you feel that you and your spouse may be able to compromise, give mediation a try. If it is clear that you don’t see eye to eye, a divorce attorney is probably the best option.

If you have or are considering a family law or domestic case in South Carolina, contact a Mediator or Attorney today for advice specific to your case.



By: M. Rita Metts

About the Author:

business plan

Mediation is one way the courts are trying to cope with the ever increasing divorce rate and courtroom time. Mediation, hopefully, tries to encourage parental cooperation in the battle over custody and visitation rights. A mediator is court appointed and tries to find some middle ground between the divorcing parents and looking out for the best interests of the children.

The bulk of mediation takes place between the two parents with the mediator as a neutral party. It’s his job to see that the children are represented in the decisions of visitation, primarily. Sometimes, schools, doctors, events, etc. can be settled at these sessions.

There are several good points for mediation that judges like other than they don’t physically have to be present. One is that each party has the opportunity to give his or her suggestions for custody issues and visitation schedules. Both parents feel they have some input, thus relieving hostilities, hopefully.

Most states, however, have a formula that the courts start with, such as every other weekend, which holidays and out-of-school vacation times. Another advantage is having a “neutral” person to alleviate the tensions and forestall arguments that may escalate. By keeping the parents focused on the issues, a parental plan can be formed.

Of course, many people see the mediation process as less stressful than having a set time period before an actual judge in an actual courtroom setting. This makes most common people less prone to speaking out when they should, plus a judge really doesn’t want to hear petty arguments of “he said or did” or “she said or did”.

Mediators are there to offer suggestions and techniques to the parents that may not have been thought of before. They help work out compromises and alternatives between the parents. Mediators should be experienced in child custody issues and bring understanding to the process.

The needs of an older child are far different than that of a pre-teen child. An older child believes that he shouldn’t have to see one parent at a given time because of a judge, whom he doesn’t know, orders him to. Mediators explain this sort of behavior to each parent and, hopefully, avoid future suspicions and animosity.

Be sure to look into the possibility of mediation in your area. Ask questions as to who are some of the court mediators being used. Be clear that you want the best interests of your children served and that you will do whatever it takes to ensure their happiness as much as you can.

Do your homework and have a viable plan to present. You have the right to be a part of your children’s lives, not just a “meal ticket”. Mediation is one of the best methods to ensure that your children grow up to be well-adjusted and happy after your upcoming divorce.



By: Gerald Costa

About the Author:

legal resources