August 29, 2017

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What Every Dad Loses In Divorce – Everyone loses in divorce. But in many ways the dad in the equation typically loses more and much faster than any other member. It doesn’t have to be this way. In my opinion, 50/50 parenting with no child support should be the norm. It’s not what I go, even though I asked for the 50/50 split regardless of the money. That’s not what my then-wife wanted and her lawyer had told her what she’d get if we went to court, so we started negotiations there. It sucked. It was unfair. And as the dad, I lost everything in a single stroke of the pen.

How to Lower Your Monthly Mortgage Payment – Money is tight, and you’re looking for expenses to cut. Your mortgage payment is the biggest bite out of your paycheck, so that seems like the logical place to start.

Foreclosures on the rise for seniors with reverse mortgages – Across the nation, an increasing number of seniors are facing foreclosure after taking out reverse mortgages, either because they fell behind on property charges or failed to meet other requirements of the complex mortgage loans, according to federal data and interviews with consumer and housing specialists.

The Mediation of Libel or Defamation Claims

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Libel or defamation cases may arise when someone says something negative about another person such as a business owner that has an adverse effect on his or her reputation. This statement may even be in written form, such as a publication made to the media or a negative review of services. Businesses are particularly concerned about their public image because a negative interaction can cost them business from others down the line. When parties confront these legal challenges, they may decide to litigate the case, or they may decide to mediate it.

There are important differences between mediation and litigation. In litigation, the issues become very public. This can be a significant drawback in defamation cases that arise because of negative publicity. Having the case litigated in court may make the matter even more public and bring more exposure to the case. Mediation is confidential and private. What is discussed is not shared with the outside world. This helps preserve the privacy of the parties.

Litigation has limited remedies available to the parties. It can order a defendant to stop saying negative things about the plaintiff, but if the defendant fails to do so, the parties usually wind back up in court. The court can order the defendant to pay damages to make the plaintiff whole after taking a hit to his or her professional credibility, but then the plaintiff has to try to enforce the judgment, which is often a long and difficult process. Mediation can help the parties resolve a problem much faster than traditional litigation. Additionally, the solutions are often much faster, such as the parties agreeing not to say negative things about each other in public. Mediation can also save the defendant from the potential risk of being ordered to pay sizable damages.

August 18, 2017

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Mortgage rates resume free fall as ‘uncertainty’ swirls – Rates for home loans fell to a seven-week low as ongoing economic uncertainty kept a tight lid on bond yields, mortgage provider Freddie Mac said Thursday.

Student loan debt crushing older Americans too – The crushing weight of student loan debt isn’t a problem affecting just younger Americans; a new study shows older Americans are shouldering an increasing share of the nation’s collective $1.34 trillion student loan debt.

5 ways VR is making the real estate business better for everyone – There’s great optimism associated with the promise of VR, and revenues from this industry are expected to reach $13 billion in this year. Despite the optimism, widespread adoption of VR has remained elusive. For real estate, however, the potential of VR is being reality quickly.

What Creative Solutions can be Used for Mediation of Contract Disputes?

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Mediation is particularly helpful in certain contexts when the parties have an established relationship that they want to preserve, such as in family disputes or disputes involving business people. Mediators use conflict resolution skills to help the parties understand the other side better and to communicate in a respectful way with the eventual hope of settling the case. Part of this process involves brainstorming creative solutions that can resolve the dispute. The parties are able to come up with nearly any solution that works for them and are not limited to typical judicial remedies. Some possible solutions include:

Revising the Contract

There may be issues that have arisen that were not originally contemplated at the beginning of the contract. The parties may decide to revise the contract to account for these changes. They may decide on a new level of compensation, scope of work or other details involved in the case. A mediator can walk through the issues that have arisen and help the parties consider different options to resolve their dispute so that they both leave with a mutually satisfactory agreement.

Making a Trade

The parties may be able to make an important trade off. Mediators can help uncover the underlying interests of the parties. By exchanging one thing of value for another can often help the parties both walk away satisfied with the result.

Alternative Forms of Compensation

Many business disputes reach a stalemate because neither business person wants to pay more money. However, during a brainstorming session, one possible solution is to provide alternative forms of compensation. This may include offering stock options, profit sharing, a new contract, a recommendation, services in line with the typical offerings of the business or something else that may not be a direct payment of cash from one business to the other.

Negotiating Community Property Settlements

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When a couple is going through the divorce process, they may not agree about issues related to community property. Mediation and arbitration are two alternatives to litigation that allow the parties to reach a resolution to these issues. While the process for them are different, mediation and arbitration are often much cheaper than trying to sort out the issues through litigation. They are also cheaper than litigating the case. Some issues related to community property may be:

The Identification of Community Property

The spouses may not agree as which property is community property. The spouses may not agree about when property was acquired, with one believing that it was acquired before the marriage and the other thinking it was a joint purchase. One spouse may argue that the property was purchased with separate funds and not subject to community property principles. A mediator can help the parties determine which property should really be at the heart of the dispute. An arbitrator may be more interested in evaluating proof regarding the purchase date to determine a fair solution.

Morphing Community Property

Community property may change in time when the couples move from a community property state to an equitable distribution state or vice versa. A mediator can explain how the state has resolved similar issues in previous cases to give the parties a better idea about the strengths of their claims. An arbitrator can apply the law to determine how to classify the property.

Division of Community Property

The parties may be at odds about how to divide the community property, especially when dealing with assets of more value. One party may want to sell the property while the other wants to retain it. Mediators and arbitrators can help flesh out these issues and help the parties find a resolution.