There is a lot of confusion when it comes to distinguishing mediation from arbitration. Many people are of the perception that it is one and the same.
Why Go in For Mediation
If you are in a legal dispute, then the first thing you would do is contact a lawyer. They may go through your case and ask for fees to fight your case. Well, in the case of a mediation service, this is not the case. Mediation is an alternate route to settle disputes. If you hate frequent visits to the court, then this is a good option for you.
When you opt for a mediation service, ensure that you add this point into your contract. When you draft the mediation agreement, ensure that you mention the scope of the issue, mediator fees, how the issue will get resolved and the decision they have agreed upon.
Mediation generally takes place between three people; you, your opposition and the mediator. This again can vary from one case to another. If you have counsel accompanying you on the case, you can involve them in the proceedings too.
Different Types of Mediation Styles
Mediation comes in four different styles namely:
Transformative Mediation - This focuses mainly on repairing relationships rather than coming to a mutual agreement
Directive Mediation - This involves specialized mediations who gather facts and evidence and then shares opinions
Evaluative Mediation - Focuses on evaluating the weak links in the case and then coming up with options on the same
Facilitative Mediation - This focuses on facilitating a negotiation between parties to reach a common ground
Many people tend to be skeptical while opting for mediation. This is a time saving and ensures confidentiality of both parties involved.
If you are thinking of filing a bankruptcy case in order to protect your financial interest, then it is necessary to hire a suitable lawyer to take up the case. However, a lawyer will take your case after performing a detailed study and asking you a number of questions. In fact, the potential lawyer will like to know what circumstances has compelled you to file bankruptcy case.
When you meet any bankruptcy lawyer, you can expect following questions initially from him in order to know from you about the reason of declaring bankrupt.
First question that bankruptcy lawyer will ask you is whether anyone has served lawsuit against you.
Whether your home is in foreclosure?
Are you facing eviction threat?
Has any of your creditor drawn money from your bank account?
These are few primary questions that your lawyer wants answers for. He will then assess whether you are qualified for the case or not. Then he will ask following questions about your personal details to ascertain whether you really need to declare yourself bankrupt.
Your marital status and number of children
What is gross earning of your family?
How much you have earned during the last 6 months?
What kinds of debt you have?
Has your creditor obtained any judgement against you?
What are your various immovable assets?
What is the value of your asset?
Have you recently sold or purchased any property?
What do you expect after declaring yourself bankrupt?
Custody is a very important issue that comes soon after you have gotten yourself a divorce. Divorce is not that simple when you have a child who needs to be taken care of. The court of law decides upon the custody of the child soon after the divorce. Hardly a child consulted regarding such issues as it will be equivalent to mentally harassing the child. The court listens to what both the sides have to say and then takes its decision based on the proof presented to the judge. A custody attorney based in Sacramento is essential when it comes to discussing the custody of your child in the court of law. A custody lawyer has legal knowledge as well as experience to deal with such cases and will help to turn the custody in your favour.
Why is it required to hire a custody lawyer as early as possible?
A custody lawyer has ample amount of knowledge regarding custody matters. He will always try to solve the issue amicably. Custody attorney based in Sacramento will arrange for amicable meetings between you and your partner in the presence of your lawyer where you can discuss the custody matters. It is always preferable to settle the matter out of court. However, if you decide to drag it to the court then the court will decide whether to offer you joint custody or single custody. A custody lawyer will always vouch for a custody option which he considers as the best option for your child.
A child or a person with any kind of disability has the right to study in any school, college or in an educational institute just as the normal students study in the schools. Disability discrimination law is made against such school or college who prohibits the child from getting admission, education, and learning in the school just because he needs some special needs or is disabled.
Advocates for special education needs
If the school or college is refusing your child from getting the admission, then in that case you can take the help of advocates for special education. These advocates will help your special child to get the education which is his birth right. These advocates are knowledgeable as well as experienced in handling such types of special cases. They will first analyze your needs and your rights with respect to the school and then they start planning the legal case that will be filed in the court. He will do the counseling of the children to understand the needs of the students. After the counseling, the lawyer will study your case very thoroughly and will prepare the paperwork according to your child’s needs. These papers will then be filed in the court so that court proceedings may begin. After the court proceedings, the court will issue an order or statement to the college or school stating that all kinds of limits and conditions should be removed from the school so that your child may get the education which is his right.
As you know it is very important to get every important document notarized by the state authority to avoid rejection at the later date. You may get into serious legal problem if your document is not entered in the record of notary office. However, while registering your document, it is necessary that you must avoid following mistakes to avoid problem in future.
Not reading the wording of the document carefully
Before signing any document that you are taking to public notary, it is important that you read the documents very carefully. You must understand the meaning of each word as they are written in legal language. You must understand clearly about their legal implications. Also make sure that your document is complete in every respect.
Forget to mention the location where the document was made
Quite often people forget to mention the location where the document was registered in public notary. If there is different location printed on the document, then the same need to be corrected.
Forget to write your name under your signature
Make sure that your full name is mentioned under your signature so that no other person can make a claim on your document in future.
Do not enter wrong date
Many people often in hurry put wrong date of implementation of the document, which may create confusion in the later date. Please check the calendar properly before entering.
In a divorce or legal separation, custodial rights always come into the discussion. The fathers have for the most part, felt the law has favoured the mothers. A more unbiased perspective is seen now with about 50% of the time fathers seeking custody getting it. Involvement of the father in the child’s upbringing is as important as the mother’s.
While awarding custodial rights the child's best interest in kept in mind. There are more factors to consider than just visitation schedules. The legal custodian can take decisions about the child's medical care and education. Physical custody would be with the parent the child stays with. An agreement between the parents can be made and submitted to a court for approval. In cases where a parent refuses to honour the custody order, a local family lawyer should be consulted.
Anyone can be a victim of domestic abuse and violence. It does not discriminate on the basis of gender, race, religion, age, ethnicity or economic status, though most of the victims are women.
Some victims do not realise they are in an abusive relationship until it is too late. An abuser could resort to threats, name calling, accusations, stalking, possessiveness and pressurising the victim. An abuser has only one thing in mind: control; and s/he can do that physically or psychologically. Psychological and emotional abuse are as traumatic as physical violence, and the scars of abuse remain for a lifetime.
The first step to combat an abusive relationship is to spot the signs. Opening up to a person you can trust be it a friend, a colleague, your doctor or at your community centre will ensure you get help. The victims of an abusive relationship are depressed, scared, and ashamed. They need support and help to get out of it.