Tag: Business litigation attorney

Business Disputes: Parties Are More in Control During Mediation

Posted by rainmakereditor on with 0 Comment

If you have become involved in legal disputes or business disputes with another party, the situation may be so stressful that you feel like your life is spinning out of control, consumed by conversations and concerns over the conflict, as well as worrying over pending court dates and all that could happen. In many of these cases, the tussle between everyone involved becomes little more than the urge to win—and later, many just want it all to be over.

In mediation, motivation plays a large part in the success of reaching an agreement that everyone can live with. Voluntary mediation means that the parties involved are amenable to reaching a settlement and having an open discussion about the problems at hand, even if that is not particularly easy. With the help of a neutral third-party such as the mediator—prodding the discussion along and offering encouragement and new ideas for communication during a stalemate too—those involved may find themselves not only saving money, but exorbitant amounts of time too; in fact, a legal dispute may be over in hours rather than months.

The mediation gives everyone involved in a legal dispute greater latitude, in comparison to the structure of the courtroom and the public in attendance. Mediation is confidential, unlike a courtroom setting or case—and basically the individuals involved can sit down and talk in a relaxed manner. The mediator does not decide or sway the case in any direction, and is there when help is needed for clarification, new direction, or more.

The individuals involved in the mediation can take the reins in pointing out why they are at odds, what they need from the other side, what they would agree on, and more. Working from a strong starting point, others involved can also explain their stance and move on to negotiating the finer points of a settlement. The mediator sometimes needs to step in further toward the end when the parties in dispute may have begun to grow weary or frustrated and begin to lose sight of the end goal.

In the end, the mediator draws up all the paperwork to be signed and submitted to the court. Once everyone involved has given their signatures, the document is binding, and everyone is expected to put the agreed upon resolutions into action.

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!

common errors

Avoid the Courtroom: Understanding the Most Common Errors in Business

Posted by rainmakereditor on with 0 Comment

Owning a business may be one of the most exciting endeavors you ever undertake, and undoubtedly you will make some common errors. However, it is no secret that being an entrepreneur is also full of challenges. While you have the satisfaction of knowing that you are your own boss, you can set your own hours, and can make the rules for the most part, the responsibilities can be endless. The goal is usually to create a product and keep the customer happy, but you must also consider many other behind-the-scenes issues.

Finding yourself embroiled in a lawsuit may be inevitable if you are in business for a long period of time, but there are preventative measures you can take, to include:

  • Creating partnership agreements – your partners may be people you have known for nearly your whole life and trust more than anyone else, but it is important to be realistic and realize that things could go south later, or one or more of you could opt to leave the company. It is critical to have an outline for many different details, starting with the basics such as the hierarchy of the company, responsibilities and titles, profit distribution schedules, to agreeing on what will happen if one partner wants to leave the company or passes away.
  • Protect your intellectual property – this means treating all your branding mechanisms with care, to include your trademark, service mark, and any patents your company may have created, along with any copyrights which are generally defined as expressions of art.
  • Be sure to have employees classified correctly – this is especially important in California with independent contractors, where employees may be categorized incorrectly, and the company may find themselves penalized. Also, be sure independent contractors have a solid agreement signed before they begin working for you to include the span of the project, their duties, confidentiality, and how ownership of any innovations they create while at your company are to be handled later.
  • Employee pay – this is one of the biggest reasons that businesses fall into lawsuits, as overtime may be miscalculated, a paycheck may be late, or there could be errors in accounting. Always make sure that you or your accounting team are completely on top of paying for your employees; after all: that is why they are there!

Do you need legal assistance with a partnership or business dispute? If so, contact the Bolender Law Firm. 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!

mediation

Why Is Mediation So Popular in Settling Business Disputes Today?

Posted by Jeffrey Bolender on with 0 Comment

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?

Posted by Jeffrey Bolender on with 0 Comment

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!