August 18, 2014
6 Questions to Ask About Your Company’s Mediation Process – The use of alternative dispute resolution (ADR) by U.S. companies—now encompassing all industries and every type of commercial dispute—has evolved in scope and application over the past 30 years.
5 Strong Buy Real Estate Mutual Funds Set to Outperform – Mutual Fund Commentary – Even though real estate has been through tough times recently, securities from this sector should continue to be an integral part of portfolios with a long term horizon. Over the years, mutual funds from this category have continued to perform favorably. They offer a convenient method to invest in real estate because of low initial investment requirements and the advantage of professional management. Investors willing to hold long term positions would do well to consider these funds as they add stability and bring steady returns to a portfolio.
Social Security Q&A: What Social Security Disability Insurance Options Are Open to People with Disabilities? – Social Security may be your largest or one of your largest assets. How you manage it, by deciding which benefits to collect and when, can make an absolutely huge difference to your lifetime benefits. And those with the highest past covered earnings have the most to gain from maximizing their Social Security.
August 15, 2014
Is Mediating Prenups a Form of Marital Mediation? – The typical lawyer-proffered prenup says that no (or little) money or assets are to be shared with the other spouse unless the moneyed spouse wants to. Further, generally there is no guarantee or minimum of assets provided to the less-moneyed spouse if the parties are married at the death of the more moneyed spouse. And there are iron-clad provisions preventing a spouse from claiming rights to the deceased’s estate.
30-Year Mortgage Rates Drop Again, Now 4.12%; Homeowners “In The Money” – For the sixth time in 9 weeks, and the twentieth time this year, 30-year mortgage rates are down across all mortgage loan types including FHA loans, USDA loans, VA loans, and conventional loans backed by Fannie Mae and Freddie Mac.
Banks, Financial Firms Load Up on Cheap Debt – Banks and other financial companies world-wide are issuing bonds in the U.S. at a record pace, taking advantage of this year’s surprising slump in interest rates and a brightening outlook for the sector.
Steps to Resolving Conflicts with Casinos Through Gaming Mediation
Gamblers understand that there is risk involved in the activity, but there are some instances where the responsibility for loss lies in the hands of the casinos, themselves. In these cases, gaming mediation is a cost-effective, highly successful method of alternative dispute resolution to recoup money owed or hold a casino legally responsible for unfair treatment.
Here are some of the situations in which gaming mediation can be an effective legal remedy:
- A gamer has not been paid his or her winnings by the casino.
- A gamer has not received perks or bonuses promised by a casino.
- A gamer has received poor service, incorrect information, or unfair treatment from a casino.
Since many casinos thrive on a positive reputation among gamers and gamblers, it is important for them to deal with complaints of unfair or unprofessional practices as quickly and confidential as possible. That’s why gaming mediation has become such a popular method of resolving gaming-related and casino-related conflicts—it offers absolute confidentiality, cost-effective legal remedy, and a quick resolution process that avoids the courts and litigation altogether.
If you are a gamer and need conflict resolution, here are a few steps to follow before pursuing mediation.
1) Contact the casino first to express your problem or complaint. Having a thorough knowledge of the casino’s own rules and regulation can also assist in determining the level of legal recourse you might have.
2) If the casino does not offer a satisfactory remedy, contact a mediator with experience in gaming mediation. The laws relating to gaming vary by state and gaming mediation requires a unique expertise. Mediators with extensive experience mediating gaming disputes should be able to offer references and examples of past disputes they have settled via the process of gaming mediation.
3) In the initial meeting with your gaming mediator, be sure to bring any documents and proof that you have regarding the dispute. Remember: the more evidence you have, the more likely you are to achieve a successful and acceptable resolution. If you were unfairly treated by a casino and there were witnesses to the event, you will need to provide contact information for the witnesses. If you were able to record the incident with a cell phone camera or other recording device, bring the recording with you as further proof.
August 11, 2014
Selecting your mediator and drafting the mediation agreement – Given the critical role played by the mediator in the mediation process, the selection of the mediator is a topic that attracts significant attention. While in some cases the parties (or their advisors) will have a specific mediator in mind or be content to engage a mediator proposed by one of the commercial ADR providers, the exercise of identifying suitable candidates is often more complex. This guide seeks to identify some of the key factors to consider in the selection process.
Want a Divorce? Stop the Emotional Yo-Yo and Be Clear About It – Don’t beat around the bush when asking for divorce.
When a Car Loan Means Bankruptcy – The mortgage industry set the stage for the recession by luring people into ruinously priced loans they could never hope to repay, then selling those loans to Wall Street in mortgage-backed securities that went bad. The federal government has since tamed that industry, outlawing most of the risky and deceptive practices that led to that crisis. It must now do the same with the auto lending industry, where the practice of roping people into loans that damage them financially is all too common.
August 7, 2014
Top 7 Worst States for Divorce – Divorce can take an emotional toll on a family, but the filing and legal process can add another headache in these seven states.
Foreclosure Starts Hit Pre-Crisis Low – The proportion of home loans that entered foreclosure in the second quarter of this year hit its lowest point since early 2006, before the crisis began, according to data released Thursday by the Mortgage Bankers Association.
Average US 30-Year Mortgage Rate at 4.14 Percent – Average long-term U.S. mortgage rates rose slightly this week but remained near their lows for the year.
More Americans are Needing Food and Drug Mediation Services
Food and drug product liability is a common dispute and cause of mediation, making food and drug mediation a growing area of alternative dispute resolution. The reason for the increase in attention is an increase in the number of people who are affected, particularly by prescription drugs. In fact, seven out of ten Americans take a prescription drug and 20 percent take at least five different prescribed medications, according to a recent study released in the journal Mayo Clinic Proceedings.
In addition to assisting in resolving issues of product safety and manufacturer’s negligence, food and drug mediators can assist consumers who have been injured by food and drug consumption. The law provides stipulations for remedies if a consumer experiences life-threatening, or health-related, problems associated with negligence on the part of the manufacturer, and food and drug mediation can be a cost-effective, time-saving method of pursuing those legal remedies.
Food and drug manufacturers and distributors are required by law to test product safety before releasing it on the market. If there are any risks involved with consumption or use of the product, the law requires that warning labels be clearly placed on the product. Both the manufacturer and the distributor can be held liable for damage caused if this step is not carried out.
Here are some of the most common reasons consumers might need food and drug mediation:
Design Defects – The manufacturer is responsible for reasonably ensuring that the risk of injury to consumers is as low as possible. If there is a defect in the design of a product that hampers this, the manufacturer could be held legally responsible for compensation of damages.
Marketing Defects – If the manufacturer fails to provide inadequate instructions or warnings about the product’s risks, they can be held liable for any damages the product causes.
Manufacturing Defects – If a mistake occurs in design and that mistake causes harm to the consumer, the manufacturer could be held legally responsible.