Internet Law Mediation: A Growing Field to Meet a Growing Need

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Internet Law Mediation: A Growing Field to Meet a Growing Need

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Internet law mediation is a relatively new construct.  As technology rapidly expands into our everyday lives and business endeavors, experts work daily to develop a legal framework within which to resolve legal disputes related to Internet law.  Considering the “newness” of Internet law, courts have encountered the problem of attempting to build this framework from scratch, as preexisting legal frameworks fall short in dealing with the rapid growth and needs of the Internet law arena.

At present, Internet law mediation focuses on legal disputes involving web site development, service provider liability, trademarks on the Internet, domain name disputes, and web page linking and legal liability. Within this scope, issues related to copyright concerns, domain name concerns, trademark concerns, defamation, and linking and framing are covered, ensuring that a business or individual has the freedom to build an online presence that is protected under many of the same copyright laws available for non-Internet published work.

Service providers are also a primary participant in the process, providing web hosting solutions and an array of online options that make it easy for businesses and individuals to build an online presence and reputation.  Like any provider, however, these companies require contracts and terms of service agreements that are violated by users and require further legal exploration under the new Internet law legal framework.  In such cases, judges often refer to the basics of contract law in relation to service providers/vendors to resolve disputes.

Trademarks and trademark liability is another hot topic in Internet law mediation, particularly as it relates to accusations of infringement.  Although the Internet is easy to monitor (after all, it is publically accessed), it is also vast, making it often difficult to determine if trademark infringement is occurring.  In cases where trademark infringement is proven, swift and effective legal action via Internet law mediation is one of the most effective means of resolving that infringement.

 

January 13, 2014

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Will Divorce Release You From Home Lien? – Any mortgage or lien against the property stays with the property regardless of whose name is on the title. So, the house will continue to be considered collateral for the debt even if he removes his name from the title. Because laws vary by state, your mother-in-law would be wise to consult with a qualified attorney to determine her best options moving forward.

What CFPB Mortgage Rules Mean For You – Rules to police lenders may slow process of getting a loan

5 ways the jumbo mortgage market will change in 2014 – Wealthy home buyers signed up for these loans in droves last year because of their low rates and flexible repayment options. The total dollar amount of originated private jumbo mortgages—which exceed $417,000 in most parts of the country and $625,500 in pricey housing markets such as New York and San Francisco—was on track to be the highest since 2007.

Bilingual Mediators: Necessary Advocates for America’s Growing Hispanic Population

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Bilingual Mediators: Necessary Advocates for America’s Growing Hispanic Population

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A recent Pew Hispanic Center report suggests that there are approximately 52 million Latinos in the U.S. This number represents 17 percent of the total population of the country and has increased significantly over the past decades, making bilingual services absolutely necessary in the country to address this segment’s legal needs.  Bilingual mediation is one such service, and as an increasing number of people learn about the unique benefits of mediation over litigation, those same people are seeking bilingual mediation services to resolve their legal issues.

The states that are seeing the most demand for bilingual mediation services are California (with 28% of the country’s Hispanic population), Florida (8 %), Texas (19%), New York (7%) and Illinois (4%).  Within these states and others, mediators are bridging the gap created by language and cultural barriers to assist with the successful and peaceful resolution of legal disputes.  Bilingual mediators are trained in the unique cultural differences that could be present in legal disputes involving one or more Hispanic parties, particularly if the English skills of those parties are limited.

The reason bilingual mediation services are so desperately needed go beyond simple language barriers—without a mediator who can communicate effectively with his or her clients, the concept of receiving fair and nonbiased advice falls apart.  With language barriers present in mediation, and if one party feels its voice is not being adequately and correctly heard, the foundation of the process of mediation is disrupted.  This is because in mediation, everyone is heard and everyone has the opportunity to state his or her side of the dispute.

A bilingual mediator should have strong negotiation and dispute resolution skills, and he or she should also be able to provide support to various ethnic and cultural backgrounds, ensuring that the process and benefits of mediation effectively translate across language barriers.

January 6, 2014

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5 Ways That Divorce Mediation Can Help Resolve the ‘Get’ Crisis – Here are five ways that divorce mediation can help resolve the get crisis    http://huff.to/19XmXtv

Is January National Divorce Month? – January is upon us and the phones are starting to ring. It happens every year in our divorce law practice. It’s the same old story: clients dissatisfied with the marital relationships, but not wanting to file for divorce until after the holidays.    http://huff.to/1gBfUbL

5 Ways Getting a Mortgage Will Be Harder in 2014 – It’s going to be tougher to get a mortgage after January 10. That’s the deadline for lenders to fully enact provisions first outlined in the Dodd-Frank Wall Street Reform and Consumer Protection Act back in 2010, in the wake of the sub-prime mortgage crisis.    http://nym.ag/19Xglv8

January 2, 2014

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To Mediate Or Not To Mediate? – Quite simply: because it often resolves disputes that would otherwise end up in court or before arbitrators. If mediation is successful, considerable time and costs involved with litigation and arbitration are avoided. And there are other benefits to mediation. Relations are preserved and sometimes even strengthened. Also, even though the parties are assisted by a mediator, they keep control over the process and outcome. Mediation tends to create a buy-in to faithfully execute a settlement agreement reached during the mediation.

Should You Divorce Your Family After the Holidays? – Splitting from a bad spouse is accepted but a stigma remains about cutting out a damaging sibling or parent. How do you decide to let one go?

Mortgage rates rise slightly – The average interest rate on a 30-year, fixed-rate mortgage crossed over the 4.5 percent mark earlier this week, increasing to 4.53 percent, Freddie Mac reported Thursday.

December 26, 2013

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Financial Tips That Ease the Sting of Divorce – According to the United States Census Bureau, overall national divorce rates have decreased in recent decades. But about 10 percent of couples don’t make it to their fifth anniversary and about 25 percent call it quits before their tenth anniversary.

Average 30-year mortgage rises to 4.48 percent – Average U.S. rates for fixed mortgages crept higher this week but remained low by historical standards.

Detroit faces new speedbump in bankruptcy process – A key component in Detroit’s plan to exit bankruptcy will either be renegotiated over the next week or possibly face litigation, an attorney for the city told a federal judge on Friday.