Tag: Business litigation attorney

mediation

Why Is Mediation So Popular in Settling Business Disputes Today?

Mediation is the key to success for many disputes today. Most cases which end up in mediation are resolved successfully, and that is saying a lot when you consider how bumpy the road can be in some litigation—although that is the necessary route all too often. And while business owners may choose to resolve legal issues through ADR once a disagreement has erupted, this type of dispute resolution is often outlined in business and partnership contracts initially. There’s no better time to decide how an argument will be handled than when everyone is getting along. A dispute clause may even cover specifics like where mediation (or arbitration or litigation) would be handled regarding county, and who would pay any legal fees should they arise.

While the courtroom often brings forth a more adversarial attitude, mediation allows for a casual and relaxed setting that can be conducive to settling. Although there are costs involved with hiring a mediator, the process is usually exponentially less, making it more affordable. Resolution is usually reached much faster too; in fact, many issues are resolved in as little as hours or just a few days. The mediator does not decide the case for the parties at odds, but helps guide them in finding a compromise, as well as pushing them along should an impasse occur. At that point, the mediator kicks into action with ideas for ‘thinking outside the box.’

Businesses with equal resources usually do best settling in mediation. A cell phone company forcing a consumer into mediation may lead to a difficult and expensive ordeal for the average individual (and this happens all too often, unfortunately), while for two businesses it can be extremely advantageous as they may have relationships they want to preserve over the long run—especially when the bottom line is involved.

The Bolender Law Firm will advocate on behalf of clients through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

business owners

Business Owners: Are You Covered for Workplace Injuries?

No matter what type of business you own, there is always the possibility of an injury in the workplace. While some sites are more prone to one or more of your team having an accident over the years while they work for you—whether you oversee a large construction crew, operate a restaurant, or any other type of company—it is critical that you have sufficient worker’s compensation insurance; and in fact, it is the law in California according to California Labor Code Section 3700.

Many different types of accidents can occur, and employees may be out of work for a range of different time periods—receiving either temporary or even permanent disability. The most common injuries that result in payments from workers’ compensation tend to be strains; for example, employees may pick up boxes or other materials at work that are too heavy and then sprain their backs or other areas such as the arms or wrists. Unfortunately, many of these injuries occur even after so many businesses have instituted their own injury and illness prevention programs as recommended by the Occupational Safety & Health Administration (OSHA).

Offering the proper education, information, and training to your employees regarding how to avoid injuries on the job can be critical to cutting down on incidents, and also helps promote a stable and safe atmosphere:

“Injury and illness prevention programs are not new, nor are they untested. Most large companies whose safety and health achievements have been recognized through government or industry awards cite their use of injury and illness prevention programs as their key to success,” states the OSHA website. “Convinced of the value, effectiveness, and feasibility of these programs, many countries around the world now require employers to implement and maintain them. These countries include Canada, Australia, all 27 European Union member states, Norway, Hong Kong, Japan and Korea. This initiative also follows the lead of 15 U.S. states that have already implemented regulations requiring such programs.”

The OSHA website also points out that “California began to require an injury and illness prevention program in 1991. Five years after this requirement began, California had a net decrease in injuries and illnesses of 19 percent.”

Even with programs available and heightened awareness though, accidents sometimes cannot be avoided—and that is where insurance comes into play (in so many other areas of coverage too for individuals and businesses in the US). Not only does workers’ compensation protect your employees by providing them with medical coverage as well as compensating them for wages, but as they accept it they also give up the right to sue you regarding the injury, making it indispensable coverage all around.

Your insurance agent will be able to inform you of California’s laws and requirements regarding worker’s compensation and you should be able to purchase your coverage through them. It is also available through the State Fund.

If you are having difficulty with workers’ compensation, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!