Monthly Archives: April 2009

29 04, 2009

New Poll Finds that Majority of Voters Oppose Arbitration Clauses — ADR Bill Proposed In Congress

By |2019-08-01T21:39:38-07:00April 29th, 2009|arbitration, Settlement Issues|0 Comments

According to a poll conducted by the Lake Research Partners of likely voters, that was published on April 29, 2009, Americans widely oppose mandatory binding arbitration clauses. This poll may bolster support for two bills presently before Congress to eliminate mandatory arbitration clauses.

28 04, 2009

Peer Mediators Can Save Lives — Peer Mediation in Schools Is Effective

By |2019-08-01T22:13:35-07:00April 28th, 2009|mediation|0 Comments

Many news stories have tragically addressed the issue of two pre-teenage boys who committed suicide because they were bullied. These stories focus on the child and the things that parents and schools did to avoid the problem.Peer mediation is a strategy that teaches student mediators strategies to help resolve conflict among their peers. Peer mediation can be instituted at any age in school from early elementary to high school. You can learn from conflict resolution techniques from mediators...

27 04, 2009

Barking dogs Need Mediators – Mediation Helps in Neighbor Disputes

By |2019-08-01T22:39:12-07:00April 27th, 2009|mediation|Comments Off on Barking dogs Need Mediators – Mediation Helps in Neighbor Disputes

In most cities, the police or animal control are called to handle a problem that neighbors should be able to resolve among themselves. The problem is, however, that neighbors just don't know how to talk to their neighbors. Many times, the neighbor with the dog doesn't know it's an issue. Another problem associated with the inability of neighbors to speak with each other about difficult issues is that the dispute will escalate -- often into full-blown lawsuits.

23 04, 2009

Congressman Tries to Create National Mandatory Court-Ordered Mediation For Foreclosure Cases

By |2019-08-01T21:41:52-07:00April 23rd, 2009|negotiation|Comments Off on Congressman Tries to Create National Mandatory Court-Ordered Mediation For Foreclosure Cases

With the housing crisis showing no immediate sign of relief, Congressman Alan Grayson from Orlando, Florida is trying to promote a court-ordered mediation program that would require both sides in a home foreclosure process to mediate their dispute.

22 04, 2009

Six Things That You Must Know (But Are Afraid to Know) About Medicare Reimbursement Rights: The Medicare Super Lien

By |2019-08-01T21:34:00-07:00April 22nd, 2009|Legal Cases, negotiation, Settlement Issues|4 Comments

Most attorneys that practice in the injury arena are familiar with the concept of liens. There are medical liens, worker’s compensation liens, insurance liens, and then there is the issue of a Medicare lien. In reality, Medicare doesn’t actually have a lien. Instead, Medicare's right to reimbursement is far superior than a mere lien; it really is a “Super lien,” because its right of reimbursement is paramount to any other claim. Many attorneys know that Medicare has a statutory right to reimbursement against any recovery from a lawsuit where Medicare paid for health benefits for a beneficiary.Most attorneys, however, when polled about Medicare reimbursement rights don’t know the following Pitfalls involved with Medicare.

21 04, 2009

Arbitration is denied when conflicting Rulings of Facts and Law Can Occur — California Court Rules

By |2019-08-01T21:38:58-07:00April 21st, 2009|Legal Cases|Comments Off on Arbitration is denied when conflicting Rulings of Facts and Law Can Occur — California Court Rules

In many cases involving nursing homes and healthcare providers there are often many different healthcare defendants. One lawsuit may include a chain of treatment that involves a skilled nursing facility transferring a resident to a hospital. That hospital later transfers to a separate skilled nursing facility, which may eventually transfer to another acute care facility. Often, one or more of the many defendants will try to compel arbitration. The California Court of Appeal has recently addressed how courts should handle this issue in the case entitled Birl v. Heritage Care, LLC, 2009 WL 608340 (Apr. 8, 2009, Ct. App. 2nd District).

18 04, 2009

Court Holds That There Is No Obligation In The Law To Negotiate In Good Faith — You Can Lead A Horse To Water, But You Can’t Make It Drink

By |2019-08-01T21:32:00-07:00April 18th, 2009|Legal Cases, mediation, negotiation|Comments Off on Court Holds That There Is No Obligation In The Law To Negotiate In Good Faith — You Can Lead A Horse To Water, But You Can’t Make It Drink

The California Court of Appeal recently ruled in the decision Vidrio v. Hernandez that there is no obligation to negotiate in good faith.

14 04, 2009

"I Agree" Doesn’t Make Arbitration Agreement Unenforceable

By |2019-08-01T23:31:29-07:00April 14th, 2009|Legal Cases, negotiation|Comments Off on "I Agree" Doesn’t Make Arbitration Agreement Unenforceable

A new case has recently been decided on the enforceability of an arbitration clause in the employment context. The primary issue addressed involved an application for employment that contained an arbitration clause providing that “I agree, in the event I am hired by the company, that all disputes and claims that might arise out of my employment with the company will be submitted to binding arbitration.” The court was deciding whether the arbitration agreement was one-sided and thereby unconscionable against the employee.

12 04, 2009

Hostage Negotiation Secrets For Everyday Negotiations

By |2019-09-01T22:10:59-07:00April 12th, 2009|negotiation|0 Comments

The recent hostage crisis for Captain Richard Phillips simply shows the importance of negotiations in every aspect of life.We can actually take skills that are normally taught only to hostage negotiators and apply those skills to every day situations.Hostage negotiators often follow simple rules of engagement in any hostage situation.