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Types of mediation

Construction mediation is a sensible option for some construction disputes, as it allows for parties to discuss issues and arrive at a solution in a shorter time compared to arbitration. Here are some of the types of mediation methods that can be used by organizations.

Facilitative mediation – This form of mediation, uses a neutral third party who guides the negotiation The facilitator will help parties overcome deadlocks and encourage creative solutions. The main focus of these facilitators is to ensure that parties are aware of their underlying interest and their real issues.

Evaluative mediation – Evaluative mediation will involve a mediator who analyses the facts of the case and provides his/her view on the merits of the case. However, parties may not be willing to agree with the recommendations

Settlement mediation – This form of mediation, focuses on reaching a compromise between parties. The mediator will review priorities, until parties reach a compromise.

Therapeutic/Transformative mediation – This form of mediator will look at the underlying causes of the dispute and look at ways to settle the issue as well as improve the relationship between the parties. The process encourages parties to vent their emotions to learn why certain requests are made. Although this form of mediation is mostly used in family and social disputes, they have also been used for construction disputes to help foster a healthy relationship between parties.

Lyle Charles offers a wide range of mediatiors that will assist construction organizations to overcome their disputes and reach favorable settlements.

Things to consider when drafting Non-Disclosure Agreements (NDA)

A Non-Disclosure Agreement or an NDA is a contractual agreement between the party sharing information and the party receiving information. The agreement specifies that the information can is shared in certain circumstances but not outside the purposes specified in the NDA.

Put it in writing – The NDA should be a written document with all parties signing their consent.

Proper legal names – The legal names of all parties should be correct.

Limitations of use and purpose – The NDA should define the information, its purpose and how it is used. The NDA should also state the liabilities that will be imposed on the parties if a breach occurs.

Excluded Information – Information that is excluded from the NDA should be stated. For example, information that is available to the public, information that is available to the receiver or from a third party who is not under an NDA can be excluded.

Duration – The period that the information will be maintained should be stated.

Requirements for safeguarding information – The party disclosing the information will have to ensure that the information is protected from misuse.

Remedies for breach – Remedies could include an injunction to restrain the breach.

Proprietary information identified – If a document is deemed as confidential, this should be stated on each page of the document.

Confidential information after the agreement ends – This section describes how the information is handled after the agreement ends.

Enforceability – Proof is essential to support a case in the event of a dispute. Therefore, all confidential documents should be marked and meeting minutes documented at important events.

 

Misleading advertising

Advertising is a good way to make consumers aware of a company’s products or services. Companies by law, should advertise the standard and usual purpose of an item or service.  However, some companies offer false claims that can mislead consumers.

A product or service legally, has to perform as explained in more occurrences than not for it to be a valid representation of the product or service. Therefore, if the performance of an item or service is crucial for a deal to go through, if the product or service fails and a deal rejected, there are state and federal laws that have been implemented to safe guard the customer.

Most laws state that any claim that is contrary to the standards and practical use of an object will have a bearing on the price, quality, and purpose of the product or service. Therefore, although deceptive information is provided to the customer, laws arise by the customer for being mislead.

If a contract has been signed, the customer can legally drop the deal and break the contract if they have been mislead.  In this instance, the customer should seek legal advice to understand how they can sue the company.

Although customers suing companies selling products have been successful, customers that have been mislead when purchasing services may be less successful. This is because suing a company based on a misleading service involves a class action suit against the entire company.

What are the risks associated with anesthesia?

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

All medical procedures have risks associated with them. Anesthesia is used in many medical procedures that include dental anesthesia, delivery, and surgery. The side effects of anesthesia can range from minor to severe and can occur any time after the anesthesia is administered. Anesthesia deaths are rare but have occurred in a very few percentage of patients. Here are some risks associated with anesthesia.

General anesthesia – Minor side effects may include a sore throat, headache, nausea, vomiting, tiredness, muscle aches and fatigue. In rare cases, aspiration pneumonia can occur where stomach contents flow into the patient’s lungs. Some patients have had severe allergies, blood pressure or heart problems.

Regional anesthesia – Regional anesthesia may include minor symptoms such as those stated above. Some patients complain of pain or an infection where the injection was administered. Prolonged numbness in the areas is also a common side effect that can range from a few hours to a few weeks. In rare cases, patients can experience permanent nerve damage.

Sedation with local anesthesia – Sedation with local anesthesia can include drowsiness, allergic reactions, blood pressure and heart problems.

It is best to speak to your doctor before you book your appointment for your procedure to clarify any concerns. If you have any other medical conditions or symptoms, it is best to inform your doctor at your earliest.

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Anyone who has experienced any of the above should consult an attorney about a dental malpractice case.

The myths regarding domestic violence

Often people don’t understand that they are facing domestic violence at home as domestic violence is not only limited to physical assault and can include verbal, emotional, and sexual abuse. Here is a list of some of the misconceptions associated with domestic violence.

Domestic violence is always physical – Domestic violence can be emotional, psychological, verbal, and sexual. Often the abuse starts off as subtle and then escalates in severity.

Drugs and alcohol cause domestic violence – Drugs and alcohol can worsen the violent behavior as they lower inhibitions since many people consume these substances, and are not violent. Therefore, these substances are not the cause of the problem.

Domestic violence is uncommon – According to statistics one in every four women and one in every seven men are victims of domestic violence. As women have become more financially independent and know their rights, the cases of domestic violence have

Both parties share responsibilities in domestic violence situations – In many cases both parties are involved in the physical fight.

No one can stop domestic violence – People believe that the violence against women comes naturally to a man because they are more aggressive than their female counterparts. However, research indicates that men who are violent against women are men who have witnessed such situations in their families.

Domestic violence is a private matter – Domestic violence is not only a matter for the couple to solve. It is one that family and friends should show their support, by helping both parties mend their ways or help with professional assistance.

What you need to know about dental sedation and anesthesia

Blog submitted by Dane Levy Attorney of www.Dentalmal.com, a provider of legal services for those injured by dental malpractice in California

Sedation and anesthesia can be a very scary prospect for many parents and patients. Here are some areas that you should consider before making an appointment that includes such procedures.

Forms of sedation – The most popular form of sedation is nitrous oxide. Patients are asked to inhale the gas, which puts them in a relaxed state. Other forms of sedation include administering oral medications or IV solutions.

Forms of anesthesia – There are two types of anesthesia, and they are local and general. Local anesthesia uses injections to numb specific areas of the patient’s mouth. For extra comfort, a dentist may recommend combining local anesthesia with sedation. General anesthesia is an option when patients need extensive work done. The process of general anesthesia involves putting the patient to sleep through the use of IV drugs and gaseous anesthetics.

Before the procedure – It is very important that the patient’s stomach is empty before any form of sedation. Sedation and anesthesia in dental procedures could cause a patient’s airway reflexes to be impaired. This impairment can result in vomiting or lung injuries. Therefore patients are requested to fast at least 12 hours before the procedure. If for some reason you were not able to fast, you should inform your dentist and postpone the procedure for another day.

If you undergo a dental procedure and have temporary or permanent physical damage, it is best to contact a reputed dental malpractice attorney at your earliest.

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If you suspect something like dental implant injury, contact a malpractice attorney immediately.

 

What to do when business partners do not agree

You can form partnerships at any time with two or more individuals, whose goal is to make a profit. In most partnerships, each partner has the right to make decisions that affect the business, unless otherwise specified in the agreement. However, when partners disagree on the running of the business, a partnership dispute can occur. Here are a few tips that can help partners reach a happy medium.

Practice “active” listening – Understand the reasons for the disagreement and what are the concerns you and your other partners have. This will highlight areas of common ground, that can then be used to solve the problem, making everyone feel valued.

Revert to the partnership agreement – Some partnership agreements will discuss disputes, and this is a good place to start to understand how to approach a dispute. It is important that the procedure highlighted here is followed as this will avoid a lawsuit that can occur if the agreement is disregarded.

Consider hiring a mediator – A mediator is a neutral party that will help to facilitate communication between two parties affected by a dispute. The mediator will help parties explain their issues and what solutions they have on the matter. Mediators will also help parties reach an agreeable resolution that will help both parties. The agreeable resolution does not have to follow by law if the partners are not in agreement.

The Primary Difference Between a Mediator and a Lawyer

Both lawyers will look resolve the case. However, they both have their own legal routes.

Written by: Lyle Charles

When it comes to construction cases, there are two routes that you can take when it comes to a claim: hire a lawyer and go through arbitration, or take the mutually beneficial route and use a mediator. Both have their benefits and caveats and this article will discuss each choice in-depth so you can ultimately decide which option is best for you. Be sure that you hire construction consultants that understand the industry as it will be more beneficial for your case.

Hiring a Lawyer

A lawyer, unlike a mediator, is bound to represent a single party – they can’t represent both sides and negotiate. Lawyers can take a “mediation” approach by attempting to negotiate with the opposing party. However, it’s different in the fact that most lawyers that are hired will look to head to the arbitration process and settle within court. It’s important that you understand that a lawyer that specializes in arbitration will not look to mediate at first. Instead, he or she will attempt to take your case straight to court and look to argue against the opposing party in front of the judge. Additionally, he or she may not even be a construction claims expert, which is vital to the outcome of the process.

Hiring a Mediator

A mediator is different than your standard lawyer in that he or she will represent the case rather than the parties. What this means is that the mediator will overlook the entire construction case and determine what resolution will benefit both parties. He or she will then discuss all possible options at a “sit down” with both parties and work to resolve the claim. A mediator can be defined as a neutral party that provides substantial legal information but does not provide any legal advice to anyone. He or she will also not go to court and argue for a party. They are simply there to provide legal insight on how the claim can be resolved without going to court. Remember, taking the claim to court can be a long and arduous process that can end in a stalemate. It takes a significant amount of money to run a construction site and the more time that ticks away, the more money is lost.

In Conclusion

Whatever route you take, always remember that both routes will cost you money. An early resolution to the claim is always the best-case scenario. Be sure that you hire the right candidate to handle your claim as he or she will be tasked with essentially handling your finances. Be sure that you go through all your options before you make your decision – and even seek advice from one of the many construction consulting services out there.

Business Formation Law

State authorities regulate Business Formation Law in the US. Although there are many federal laws that affect businesses in the US, most state laws are very similar. Here are 3 types of businesses and the laws that affect them.

Sole Proprietorship – One person owns this form of business, therefore the business is in his/her name. Most often these businesses are small and include professionals, consultants, and other service businesses. Sole proprietorships under the law are not seen as separate entities and therefore there have no legal formalities for creation. The owner will have to report their income and expenses on his/her own income tax return. It is important to note that both the person’s assets and the business’s assets are subject to claims by the business’s creditors.

Partnerships

General Partnership- These forms of businesses are joint, which means that the responsibility, profits, and liabilities are shared by the partners.

Limited Partnerships – These are seen in businesses that need funding or those who are investing in real estate development. Limited partnerships require a written agreement. Each partner will invest funds and should receive a predetermined share of the profits. The maximum number of partners varies according to state law. A limited partner is “limited” in the potential loss, as he can only lose his/her entire investment.

Corporations – These are organizations created by the state and they act as an artificial person. This means that corporations can sue, be sued and can issue stock. Since corporations function as separate entities, they can only be liable for the debts and damages up to the corporation’s total assets.

 

Understanding the Complexities of Construction Disputes and How to Solve Them Through Mediation

Mediation is a process that can benefit individuals that want to resolving disputes in a courtroom setting.

One of the primary issues with today’s construction contracts is that they’re extremely complex and filled with questionable term and conditions. Contractors are now dealing with 600 pages of terms that intend to place the full responsibility on the contractor himself. Although the construction industry has never been a simple business, it should be noted that it’s becoming even more difficult. In order to control risks, contractors and owners are relying on legalistic maneuvers to avoid having to perform damage control.

Construction Mediation and Its Costs

Now, the downside to these contracts is that it comes with an increased opportunity for contractual disputes. Most disputes however, can be resolved without having to enter a courtroom setting. This is done through the process of private mediation. And, it’s becoming more and more popular with the construction industry. Arbitration is a fair method of resolving disputes, but it does have some caveats. For instance, it is not always less costly than litigation and it can be relatively expensive when the entire process adds up. This is where mediation comes in. It’s a simplified method that involves the disputants maintaining control of the entire ordeal, rather than the lawyers, giving both parties more control of negotiations and settlements. Over 80% of disputes are submitted to mediation and resolved in a mutually beneficial manner.

Finding the Right Mediator

Since mediation is just beginning to grasp a firm hold within the construction industry, people tend to have difficulties finding the right mediation firm or mediator to help them through their case. Now, it’s important to remember that there are certain states that have a required certification program for mediators – like Virginia and North Carolina. Follow up on your state’s laws to help become better informed. The rise of mediation is leading to mediators opening up their own businesses as it’s being seen as a solid business endeavor. However, not all mediators offering their services are qualified to handle the complexities of the construction industry. Not only is it important that you choose a seasoned mediator, but select one that has worked within the construction field or one of the many qualified interim short term management services. This way, the terminology and construction jargon will be second nature to him and the process will be handled much smoother as opposed to someone new to the business. Remember, an experienced construction mediator doesn’t need the time to learn all the construction fundamentals and can instead start working on the case at hand.


Lyle Charles is a steel fabrication expert and seasoned mediator that can help you with your construction-related claims with precision and expertise.