Law

Types of Labor Arbitration

Law

Employment disputes are increasingly common even with collective agreements in place. Arbitration is an alternative method of dispute resolution in which both parties submit their labor relation issues to an arbitrator. It is the last step in dispute resolution between employers and labor unions representing their employees.

The union arbitration process starts with the filing of a case and selection of an impartial arbitrator. The arbitrator is typically an attorney well-versed in employment laws. Furthermore, there are different forms of labor arbitration depending on your dispute.

1. Grievance Arbitration or Rights Arbitration

This deals with a dispute involving interpretation and application of a specific existing agreement. It involves a collective bargaining agreement or labor contract.

A neutral arbitrator (agreed upon by both employees and the union board) and the management resolves the dispute. The decision of the arbitrator is binding.

2. Interest Arbitration or Contract Arbitration

This involves negotiation of the conditions and terms of employment for union employees before signing a new employment contract or renewing an existing one.

The arbitration process aims to come up with fair terms for both the management and employee. The decision by the neutral arbitrator is binding to both sides.

3. Arbitration of Statutory Disputes

This form of arbitration is typically reserved for non-union contract agreements. Some companies provide this arbitration as the formal dispute resolution method for any complaints regarding employment to avoid costly court litigation.

Job discrimination is the frequent row settled by arbitration of statutory disputes. The agreements reached in this arbitration are binding to both parties.

4. Tripartite Arbitration

This involves three arbitrators. The employer and union each select one arbitrator, while the two arbitrators or the employees choose the third.

Arbitration, compared with litigation, is more efficient, private and less costly. In most cases, the parties involved still have a good working relationship after the process, unlike in court litigation.

Post-Divorce Misery: The Usual Suspects

Law

an unhappy coupleIrretrievable breakdown of the matrimony is the only divorce requirement in Colorado. When a spouse files for it, it only means both parties could no longer get along and want to stick it out. But since divorce is such a major life-changing decision, many people find themselves miserable even after legally ending their bad marriage. If you ask why to any experienced divorce lawyer in Colorado Springs, Denver, or Builder, here are the likely answers you’d get:

The “Fairness” is Subjective

The number cause of misery is an unfavorable outcome. If you don’t get what you think is fair for you, you’re bound to feel down. This usually happens if you take your divorce to the court and let a judge make the final decision. Considering Colorado is “no-fault” state, the judge won’t penalize any spouse who committed misconduct in the past. If your partner were guilty of infidelity or drug abuse, you wouldn’t get sympathy points from the court. The court will determine what is fair for both parties based on what the laws spell out only. If you think this is unfair, consider mediation.

Someone Feels Blindsided

When the possibility of divorce was never discussed, the action might come as a shock to the spouse didn’t file for it. Moreover, that person might be at a disadvantage because of the surprise factor. Naturally, the spouse who files for divorce gets a head start.

Expectation Is Out of Tune with Reality

Many spouses facing divorce don’t fully understand the harsh realities of breaking up the marriage. One of the process’s inevitable consequences is change. Nine times out of 10, your divorce would shake up your life at different levels. No matter how much you want to hope that some things would remain the same, they would most likely not. A healthy way to imagine your post-divorce life is to think everything will be different. Anything you like in your married life that stays unchanged after divorce will be a pleasant surprise. Divorce doesn’t have to be a traumatic experience. If you play your cards right, you can survive the process with a smile on your face.

Top 4 Reasons to Hire a Car Accident Attorney

Law

Accidents happen every day, but there is one constant thing in all of them and that is people lose money in the form of income or payment for the damages. That’s why when you are involved in an accident; it’s important that you contact a car accident lawyer to help you recover the losses that result from the crash.

Paulbennettlaw.com cites some of the reasons you need a car accident attorney.

1. Obtaining the necessary evidence for your case

You may know the importance of taking pictures of the accident scene, but you still need an experienced attorney to help you collect all the necessary evidence that will support your case. They will visit the scene and determine what other evidence is useful. They will also talk to the investigating police officers and the witnesses. They will even make sure they get all the accident reports that will help prove liability.

2. You have limited time to sue

An experienced auto accident attorney will tell you that when you delay, you run the risk of giving up your right to sue and file a claim. That’s because, in most states, you only have a limited time of one to two years to file a car accident claim.

3. When you have a severe injury

You should know that any injury that causes severe pain is acute. This includes broken bones, dislodged joints, or even surgery. When you have a serious injury, a lot of money is at stake. Remember that insurance companies are in the business of making money. As such, they will try to cut the payouts as much as possible. An experienced attorney can help ensure that the payment is worth all the damages and is paid on time.

4. Filing and proving your case can be complex

An experienced car accident attorney will be there to ensure that you comply with the state laws and regulations when suing. They will also tell you not to do anything that jeopardizes your rights to sue. Lawyers are well versed in the complex laws and references that help prove liability and win a personal injury case.

Hiring the right accident attorney can save you from stressful moments and a looming financial loss. These are just some of the many ways your lawyer can help with your case.

4-Point Guide to Choosing a Divorce Attorney

Law

Your choice of an attorney may affect the outcome of your divorce case. It is, therefore, important that you get it right. But how do you choose the right lawyer from an array of lawyers out there?

Here are some important factors to consider before hiring a divorce lawyer in Denver, Colorado:

References

With the increasing number of divorce cases in the United States, you are likely to know someone who recently went through it. Talk to them and ask them about the attorney they hired. Inquire about the qualifications of the lawyer and their experience while working with the professional. These clients may provide honest feedback and advice on which attorney to go for, and which to avoid. Having a reference will not only save you time; you will also be working with someone you know you can trust.

Experience and Qualifications

Most of the divorce lawyers provide free consultations. It is, therefore, prudent that you interview more than one attorney. Remember that finding the right divorce lawyer takes time and patience. Settling on the first attorney you meet could be a gross mistake. This is because you limit yourself to their approach, advice, and experience. It is always good to evaluate how qualified others lawyers are to handle your case. By doing this, you open yourself to a broader pool of options before making the final decision.

Personal compatibility

Choose a lawyer that you are comfortable working with. If somehow you feel uncomfortable about a particular attorney, consider finding another one. This is regardless of the other abilities they may have. In family law, the relationship between an attorney and the client is crucial. Due to the sensitivity of the matters involved, you need a professional you can trust and share your concerns with comfortably.

Cost

Be on the same page with your attorney when it comes to professional fees. This will help you plan and evaluate whether you can afford the services. It is good to be realistic on how much you can pay without draining your finances. Remember that a divorce is stressful enough; you don’t want to add to that the possibility of bankruptcy. A good lawyer will give you an estimate of the charges depending on the nature of your case. Note that the figure may change depending on how the trial will go.

A divorce can be psychologically draining. It is, therefore, imperative to have the right and experienced attorney taking care of you and your rights.

Top Three Reasons You Should Hire an Immigration Lawyer

Law

Do you know of someone who went through the immigration process successfully on their own? Possibly, because there is no legal requirement for you to have an immigration lawyer represent you. However, given the complexity of the immigration process, specialists at Buhler Thomas Law, P.C. present these reasons for your consideration when thinking of hiring an immigration attorney in Utah.

Speed up your case

Immigration lawyers know exactly what you need for a successful application process. They know the exact documents you should complete and the support documents you need to submit. This will expedite your process, saving you time and sparing you from the stress of learning how to do it.

Experience and expertise

Immigration laws are not only complicated, they also keep changing. Trying to go through them by yourself, you risk having your application turned down. You can be confident of better chances with the guidance of an experienced immigration attorney as in any other state, who is always abreast of any changes in the immigration laws. As an expert your immigration lawyer is also in a better position to interpret the laws and whatever changes there may be.

Avoid costly mistakes

Due to the complexity of the US immigration laws, the process of filing the petitions can be complicated for most people. Therefore, chances of making critical mistakes are so high. Remember, any mistake you make during this process, no matter subtle, can cost you dearly, financially or otherwise. By hiring an immigration attorney, you avoid making these costly mistakes.

Getting the right immigration attorney to handle your case ensures that you have higher chances of success. It also ensures that you have less headaches going through the process, speed up your application, successfully navigate through current changes in immigration laws, and avoid unnecessary expenses.

What You Need to Do Before Filing for Child Support

Law

If anyone ever tells you that getting child support is simple and easy, they must not have ever gone through it. Perhaps they would say, anything these days could be accomplished online. While that may be true for many other services, when it comes to filing for child support, you still have to show up at your local office of Child Support Enforcement.

You also have to bring the required documents to file:

  • A valid (up-to-date) passport, a valid driver’s license, or some other valid photo identification.
  • Proof of billing or address, such as utility bills, rent receipts, etc.
  • Your child’s birth certificate.
  • The current address of your ex, or the address of their current place of work.

You can also bring additional documents that might help strengthen your case:

  • DNA test results or an affidavit proving paternity.
  • Recent child support payment evidence or proof of arrears.
  • Other financial documentation
  • Proof of income

Knowledge is Power

Doing your homework can help make the process a little easier. That means going online and doing some research, particularly on the website of the Office of Child Support Enforcement. This will give you an idea how to go about the process, what to expect, what to do if your ex is no longer living in the state or in the country, etc. As with anything else, knowing is half the battle.

Who Do You Call

It’s also advisable to seek help from a more knowledgeable friend or family member, particularly one who has been through the same process. Nothing beats practical information and advice regarding matters like how long you should expect to wait.

Another step you can take is to find a child support lawyer in Colorado Springs or wherever you happen to be residing. Although doing your own research has its benefits, having a lawyer who is skilled in helping people in similar predicaments can help you avoid pitfalls. An attorney can also do most of the work, so you may have a better chance of success without using up as much time. For people who need to request a child support modification, a lawyer is also a preferable ally.

Getting child support is anything but easy. Knowing what you can and should do before even filing can make the process run smoother and faster.

 

New York Divorce: What Is Marital Property and Separate Property?

Law

An angry couple not looking at the other, both of their arms crossed When a couple divorces in New York, their property would be divided equally. This typically results in equal or equitable division, but not always. Equitable division of property is one that’s fair for both parties, and would take into account the contributions of each spouse and what each would need moving forward.

Divorce lawyers in Suffolk County, New York discuss the differences between marital and separate property.

But What Property Would Be Equitably Divided?

The court would only divide marital property. Each party could keep their own separate property. Essentially, marital property includes property that one spouse or the couple obtained while they were married, regardless of whose name is on the title, but subject to certain exceptions.

Each party’s income while married, all property bought using that income during the marriage, and the retirement benefits earned by each party while married, as well as all applicable property’s appreciation during the marriage, are likewise counted as marital property.

So What’s Considered Separate Property?

Only separate property won’t be divided by the court during a divorce. Rather, each spouse could keep her or his own separate property, except to the degree that the other party contributed to the property’s appreciation or value increase. In general, the following are considered separate property:

  • Any property that either party bought or obtained prior to marriage, including gifts or inheritance, except if the property was a gift from the other party
  • Any property deemed as separate property in a legal and valid written contract, such as a prenuptial agreement
  • Damage awards for personal injuries
  • Property obtained from the appreciation or proceeds of a separate property, except if the appreciation could be partially attributed to the contributions or efforts of the other party

The Takeaway

Divorce could be one of the most challenging events in anyone’s life and division of property could be emotional and messy. In such cases, work with an experienced divorce attorney to make sure you get a fair agreement and obtain what’s rightfully yours.

How to Know If You Are a Bully

Law

Older kids bullying the younger kid
Did you know that you might be a bully and don’t even realize it? Or perhaps you already know that you are a bully but don’t know to stop being one. To know if you’ve ever bullied anyone or if you’re presently a bully, answer the following questions truthfully:

  • Do you feel better when you hurt other people’s feelings or when you do something bad to them?
  • Do you oftentimes use your strength and size to intimidate other people into doing what you say?
  • Do you not think about how others might feel when you do or say something hurtful to them?
  • Have you ever been bullied and feel that you have to regain your power by bullying others?

If you’ve answered yes to these questions, the bad news is that yes, you’re a bully. However, the good news is that now that you’ve accepted you’re one, it isn’t too late to change your ways. How do you stop yourself from being a bully?

  • Make amends with everyone that you’ve ever bullied. You don’t have to be best friends with them, but you have to make it crystal clear that you’re sorry for what you did and how you acted towards them, and more importantly, that you wouldn’t bully them ever again. They might not believe you but they would eventually see that you’re really set on changing your ways if you continue being friendly toward them.
  • If you are feeling especially down and have the urge to bully someone to make yourself feel better, look for ways to feel good about yourself. Take up a new sport or hobby or do some volunteer work.
  • Think about why you bullied other people in the past. What were you feeling when you were bullying them and how did you feel after?
  • If you feel that you are having a difficult time controlling your emotions, speak to your parents (if possible), a loved one, a trusted teacher, or your school’s guidance counselor, suggests a renowned counselor from a top residential treatment center for adolescents.

Lastly, be patient. Learning how to be kind, respectful, and compassion would come easily to you the more you do it. And once you have mastered the art of being a kind and compassionate human being, you would see how changing your ways is the best thing that you did for yourself. Bullying is an extremely serious problem and many people have taken their lives because of it. Rather than being a part of the bullying problem, choose to be a part of the solution.

Single Parents and Estate Planning Essentials to Pay Attention To

Law

Mother reading with daughterBeing a parent comes with a lot of responsibility. Your parental obligations carry even more weight if you are a single parent. After all, for various reasons, it could be difficult to find someone to rely on to handle things in the event of your sudden passing or if you are incapacitated. This could put some strain on you to ensure that your children’s care and financial security are taken care of.

Fortunately, the right preparation and planning can keep your family well cared for even after you’ve passed away. Connolly Suthers, a law firm that provides legal assistance to clients in property law, succession law and personal injury, reminds clients of the importance of proper estate planning, as it serves to make single parenthood a lot easier.

Ensuring the Financial Security of Your Children

A living trust has several benefits — if your children are too young to manage their assets by themselves, establishing trusts for them are a great way to ensure their financial security. Through a living trust, you can name a trustee responsible for managing the assets you leave to your children and make distributions to beneficiaries.

The Importance of Nominating a Guardian

When you have already passed, your former spouse may have legal rights over your children if they prove to be fit and financially capable. Naming a guardian is still necessary, however, as the other parent could refuse to act in some cases or the court appointed guardian may not be your personal choice to raise your kids. The guardian you name will be responsible for taking care of your children following your passing.

A Power of Attorney for Financial Affairs

As a single parent, you are the sole signer on bank accounts. If you were to pass on unexpectedly, it would pose difficulty as no one would be able to access your accounts to pay bills or buy necessities. With a durable power of attorney, an agent can help you choose a person to keep everything in order so that the lives of your children can continue as normally as possible.

As a single parent, make it a priority to protect you children through the proper estate planning preparations. An appropriate estate plan, after all, will give you peace of mind knowing your children will be in safe hands even in the event that you suddenly pass on.

How Incarceration Affects a Person’s Mental Health

Law

Effects of IncarcerationEnding up behind bars can seem like a faraway notion for most people. It is not, however, as unusual as one would think: jail time is a reality many people face every day. In fact, with 716 people out of every 100,000 ending up behind bars, the United States of America has the highest incarceration rate in the world.

Upon incarceration, the first priority of a person’s family and legal defense is getting the individual out of prison. Those in North Carolina can take advantage of the bail bond system, which helps families gain access to resources needed for immediate release.

The speedy release of the incarcerated loved one is essential as being in jail is one of the most stressful events in a person’s life.

Deterioration of Social Skills and Isolation

Prison can be a very scary place for individuals. Behind bars, a person — whether or not they are guilty — is surrounded by hardened criminals and under the mercy of a rough social system. To keep safe, inmates can develop self-isolation behaviors. This lack of friends or a support system makes a prisoner more likely to develop psychological disorders.

Anxious PrisonerParanoia and Anxiety

The internal social structure of prison is very unforgiving and the consequences of overstepping them can be very steep. Inmates have to face situations that threaten their safety every day, in fact. In an environment that breeds reclusive tendencies, inmates are also more likely to display signs of anxiety.

Diminished Self-Worth

Once in prison, individuals give up a lot of things usually taken for granted, such as the use of private showers and toilets. They are also forced to live in small, cramped spaces with other inmates and have overly controlled access to basic needs like food.

Being forced to give up their autonomy can make prisoners feel powerless. Without their basic freedoms and the inability to make their own decisions, they can easily lose their sense of self-worth. Routines, especially as harsh as those followed in prison, can affect how a person sees him or herself.

Post-Incarceration Syndrome (PICS)

Unfortunately, the psychological impact of incarceration does not stop when an inmate gets his freedoms back. PICS is a very complex condition that clusters together several problems that arise in prisoners after their last day in prison. These include:

  1. Post-Traumatic Stress Disorder (PTSD) – the incidence of abuse in prison can trigger PTSD. In addition, traumas that were already present before incarceration can be aggravated while locked up. The condition will continue to haunt them long after they are released.
  2. Institutionalized Personality Traits – this is the effect of routine prison life on an ex-inmate. It includes helplessness when confronted by the authorities as well as antisocial tendencies for self-protection.
  3. Substance Abuse Disorders – many prisons have illicit drug trade problems. Although there are efforts to curb the practice, the fact that it is a way for prisoners to cope with prison life makes it hard to abolish. More often than not, prisoners become dependent on these drugs.
  4. Antisocial Personality Traits – the self-isolation behaviors prisoners learn in prison will not easily be forgotten upon release. They are likely to continue avoiding social interactions long after they’ve served their time, in fact.
  5. Social Sensory Deprivation – this problem specifically comes from prolonged solitary confinement. Prisoners who suffer from the condition have a greatly diminished ability to react in social situations.

Life in prison is, without a doubt, taxing for both the mind and body. These psychological effects, however, can continue to afflict inmates long after their period of incarceration. Awareness and the proper help from professionals can help ex-inmates as well as their families cope better.