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.
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...
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.
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.
Six Things That You Must Know (But Are Afraid to Know) About Medicare Reimbursement Rights: The Medicare Super Lien
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.
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).
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.
Two Wisconsin legislators have introduced a foreclosure relief plan at the state Capitol on April 14, 2009. The plan is called the "Mortgage Mediation" plan.
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.
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.