December 18, 2018

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Divorce Tax Rule Changes Under Trump Have People Rushing To Split Up Before The New Year – The end of one year and the beginning of another can bring a lot of changes, but for married couples who are splitting up, 2019 stands to come with new financial obligations. A survey released last week by the American Institute of CPAs shows that, because of divorce tax rule changes under Trump that will take effect in January, divorcing couples are rushing to complete their legal separations.

Before you retire, pay off that debt – How you manage debt could have a big impact in how your retirement dreams play out.

9 Housing and Mortgage Trends to Watch for in 2019 – It’s going to be a challenging year for home buyers in 2019: They will continue to compete for a short supply of homes. Home prices and mortgage rates are likely to keep moving upward, bruising affordability.

Using Mediation to Resolve Cable TV Issues

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Engineer Giving Advice On Installing Digital TV EquipmentAs more industries realize the benefits of mediation, this litigation alternative is becoming increasingly popular and utilized in more sectors, including in cable TV disputes. This method employs a third-party neutral to help the parties identify their interests and negotiate an amicable agreement so that costly litigation can be avoided.

Mediation can be used to resolve a variety of disputes. It can be used to resolve employment disputes or problems with unions, such as disparate pay, discrimination, unfair wage issues and more. It can also be used to resolve problems between partners and multiple service providers. These issues may involve the loss of access to local content or other services or to retrains agreements. Mediation can be used to resolve customer disputes regarding their bills or the content that is not available to them. It is also sometimes used between competitors who claim unfair competition.

During mediation, the parties begin with opening statements that lay out their positions and why they believe the conflict exists. The mediator may then separate the parties into different rooms and shuttle back and forth between the parties to gather additional information. The mediator also solicits offers and counter-offers between the parties to try to get them to resolve the case in an amicable fashion.

The mediator may share information during these individual sessions with the parties that give them a more realistic perspective about their case. He or she can discuss how previous litigated cases were ultimately resolved and the weaknesses that may exist in their particular case. He or she can also cite the benefits of reaching a settlement, such as ending a strike or improving customer satisfaction.

If the parties reach an agreement, it is put in writing and signed by the parties. This is treated as a stand-alone contract between the parties that can be enforced.

Can You Mediate Bad Faith Insurance Claims?

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Depositphotos_210648634_s-2015Nearly any type of civil dispute can be mediated, including bad faith insurance claims. While it may seem counterintuitive to believe that an insurance company accused of acting in bad faith will negotiate in mediation in good faith, mediation of these cases often brings about an amicable solution of this claim, as well as the underlying insurance claim.

In a bad faith insurance claim, the plaintiff argues that the insurer wrongfully denied a claim or did not provide benefits in bad faith. He or she may allege wrongful conduct, unreasonable conduct without proper cause or malicious, oppressive or fraudulent conduct. The worse the insurer’s behavior, the greater liability may potentially exist and the more expansive damages that may be sought.

Parties may consider when they wish to mediate the case. In some jurisdictions, mediation may be required at certain intervals. Otherwise, the party may decide to mediate the case early on or closer to trial. Early mediation has the potential to reduce legal fees if an agreement can be reached. However, an insured who wants to seek punitive damages may not be willing to accept a lower offer at this point. Additionally, an insurance company may want to flesh out whether a claim has support before negotiating a settlement and may prefer to wait until after discovery is conducted to mediate the case. The insurer may try to get certain claims dismissed against it as part of a summary judgment motion.
At the mediation, the insurance company may send a different representative than the person who initially handled the claim due to the allegations against this party. The plaintiff will also be present. Both parties may be represented by their attorneys.

During mediation, the mediator will try to improve communication between the parties and give them an opportunity to amicably resolve their case.

Mediating Age Discrimination Complaints

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Depositphotos_153608528_s-2015With more people living longer, many older workers are in the workplace well past typical retirement age. However, many older workers find it difficult to find work and may think that they are victims of age discrimination if they are terminated from their work position. When a worker or applicant alleges age discrimination, the situation may be able to be resolved through mediation.

What Is Age Discrimination?

The Age Discrimination in Employment Act defines age discrimination as treating an applicant or employee less favorably because of his or her age. This federal law prohibits age discrimination against people 40 or older. Age discrimination can occur when a less favorable decision is made regarding an applicant or employee regarding his or her hire, fire, job assignment, pay, promotion, termination, training or benefits due to a person’s age.

Examples of Age Discrimination

Age discrimination can occur in more blatant ways, such as an employer using recruiting techniques to target younger workers or stating a preference for younger workers. It can also occur when an employment practice has a negative impact on older workers or applicants even if the employer was not trying to discriminate on age. Harassing employees because of their age is also a form of discrimination.

The Mediation Process

Mediation can help the parties avoid expensive litigation. The parties work together toward a favorable resolution of their dispute. A neutral third party acts as a go-between. Mediation helps the parties better communicate their positions. It can often help the parties feel better heard and understood. The parties focus on reaching a solution that helps them move forward.

Resolving Student Loan Disputes through Mediation

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diploma and cashMany recipients of student loans face daunting debt and may experience difficulty paying on their student loans. To handle disputes between borrowers and lenders, many student loan programs have implemented ombudsmen programs. These ombudsmen help to mediate disputes between the parties and potentially negotiate a solution. The mediator does not have the authority to change a payment plan or enforce a resolution on the parties. Instead, he or she tries to get the parties to reach an agreement on their own terms.

Role of Mediator or Ombudsman

The mediator or ombudsman is a neutral third party that serves as a middleman between the borrower and lender. He or she does not work directly for either party. He or she is not an advocate for either party. Instead, he or she uses special conflict resolution skills to help the parties improve their communication. He or she can explain the law to the parties and point out weaknesses in each side’s case. This information can help motivate the parties to resolve their differences.

Benefits of Using Student Loan Mediation

Mediation may be able to bring about positive results in the dispute and potentially avoid default. They may be able to correct mistakes and broker compromises between the parties. The mediator may be able to make recommendations that provide relief for the borrower. He or she may recommend a compromise that serves the interests of both parties, such as suggesting consolidation or repayment plans, filing for loan cancellation or correcting a mistake with a borrower’s credit.

Tips for a Successful Resolution

Before getting started with student loan mediation, it is important to have clear and realistic expectations. It is best if you can clearly identify the problem so that the mediator can spend time trying to find solutions to the problem you assert rather than spending the time to see where things went wrong.