The Benefits of Mediation

The Benefits of Mediation

When you think about divorce, the first things that come to your mind are courts and attorney fees. That is a justifiable impression of the legal process, but that is not always the case, because there is such a thing as mediation.

Mediation is a process wherein a third party will facilitate a constructive conversation with the couple, so they can come into agreement regarding the division of assets, child custody, spousal support, and other aspects that can be dispute areas upon their separation. Many couples choose mediation because of its various benefits.

It is less adversarial in nature

Divorce can be very argumentative, and even violent on certain cases, especially if there are disagreements on legal issues such as those mentioned above. But with mediation, the process is much more peaceful. This is because the spouses involved are willing to cooperate and are mature enough to talk it out instead.

It is unbiased

In divorce, it is more likely that the spouses will do anything for his or her best interest, and this may mean that he or she will be biased in terms of demands. But in mediation, demands can be controlled with the help of the unbiased mediator, so you are sure that all legal aspects are equitable.

It can get results faster

Divorce may take a significant amount of time because of the disagreements, not to mention the days allotted for courts and attorney sessions. Couples can have more control of how things progress in a mediation, so it is likely that they will have faster settlements.

It protects your children from stress

The court may involve your children in the divorce process, especially when it comes to child custody and support. The children may be interviewed or asked to be in court, which can have emotional and psychological effects. Mediation prevents such stressful things.

Due to these advantages, many couples are choosing mediation over litigation. In fact, some counties in Texas even require mediation because it is less complex. This just proves that mediation, as a concept, works very well.

Difference Between Nursing Home Abuse And Neglect

Nursing home abuse of elderly citizens is quite common in these facilities. Such actions can affect hundreds of elderly patients each year. According to www.kff-law.com/nursing-home-abuse/physical-abuse , physical abuse or neglect can leave the patient severe injured or even encounter mental trauma. Nursing home abuse and neglect are similar because they both have serious consequences on the patient. However, there is a huge difference between the two.

Nursing home neglect can either be passive or active. The former involves unintentional failure while active refers to the intentional failure of the nursing home staff. Both passive and active neglect can be easily detected through observation of the elderly person’s physical state. Some common examples of nursing home neglect include failure to assist the patient during eating and drinking, poor hand washing techniques, ignoring call bells or cries for help.

Nursing home abuse, on the other hand, is an active form of neglect which causes harm or injury to a patient. It can either be physical, emotional, financial, or sexual. Once detected, immediate action is required. Sexual and physical abuse is easier to detect while emotional and financial can be challenging.

Whether its abuse or neglect, the elderly patient should be treated with respect and utmost care. There are several laws that protect the rights of nursing home residents. For instance, the Federal Nursing Home Reform Act, enacted in 1987, requires nursing homes to provide high quality of life for its residents. The law also requires nursing homes to comply with local, state, and Federal laws as well as prevent discrimination.

Sending elderly members of the family to a nursing home can be tough for their loved ones. When the family members do decide to entrust the elderly to these facilities, they have the assumption that they will be well taken cared of. Nursing home abuse and neglect is a serious violation of the law hence any facility can be punished and prosecuted in court.

Understanding The Basics of Mergers and Acquisitions

One of the most important processes that a business can undertake is a merger and acquisition. For the companies that will be involved in the process, they can expect a win-win situation. For the business that will be merged and acquired, they can ensure the continuity of their business as a part of another company. For the acquiring company, it is the perfect opportunity to grow their company.

According to the website of Slater Pugh LLP, mergers and acquisitions are important business decisions that should be carefully considered. M & A’s are governed by different areas of law. This is important because it can affect the employees of the company. For both seller and buyer, such transactions would mean change in corporate control. Mergers and acquisitions could affect shareholders, customers, employees, and vendors.

Among the two transactions, the more common is acquisition. This involves a smaller company being bought by a larger one. Depending on the agreement, the cost of acquisition could be in the form of stocks or cash. These transactions are governed by corporate law which provides information on requirements necessary to complete the merger or acquisition. Likewise, mergers and acquisitions identify the different duties that the Board of Directors will have in the new company.

Before the merger and acquisition deal can be implemented, it would require the vote of the different shareholders. In a stock deal, shareholders need not vote because each director will decide if they want to sell their shares to the new owners. The company charter may also have a set voting requirement when the company is up for sale. In some instances, the company may also have the option to solicit proxies from shareholders.

Taxation issues also play a huge factor in mergers and acquisitions. The Internal Revenue Code of the United States discusses all of the taxation issues. Tax lawyers need to be involved in every step of the way of mergers and acquisitions.

An Overview of the SR-22 – What Is It And When Do You Need Them?

If you have committed driving and traffic violations, then perhaps you have encountered the term SR-22. But some people are confused about it. Just what is it really all about? Why do we need it? What is it for? For starters, SR-22 is not an insurance but a certificate that you will need to have your revoked or suspended license reinstated. It is also called Certificate of Financial Responsibility (CFR) issued by the Department of Motor Vehicles (DMV) as proof that you are maintaining liability coverage.

According to the website of Schuler, Halvorson, Weisser, Zoeller and Overbeck, P.A., an SR-22 is issued to individuals who committed driving violations resulting to the suspension of their license. If you were apprehended for driving without car insurance, you will be required to get SR-22. You might also need certification for the following situations:

  • DUI or DWI or other violations
  • At-fault driver while driving without insurance
  • Continuous offender or too many tickets in a short period of time
  • Revoked or suspended license

When required, you would need to carry the SR-22 for at least three years. The length would vary from one state to another and depending on the reason. It is usually issued by the state or a judge. While carrying the CFR and if you become free from any violations and incidents, you can become eligible to get a car insurance in the standard market.

Another version of the SR-22 is the FR-44. It performs a similar function as the SR-22 but will require the driver to have a higher level of insurance coverage. A driver will be required to get an FR-44 if they are not able to sustain their SR-22 requirement.

It is worth noting that you cannot file an SR-22 on your own. You need to inform your insurance provider about the SR-22 requirement. By informing your provider about the need for an SR-22, your insurance factor will change to high which could mean that your provider will not file the SR-22 for you as they do not provide coverage for high risk drivers. This means you will need to shop around for a new provider.

If you are carrying an SR-22 and plan to cancel an insurance policy, secure the certificate first before canceling. Insurance companies have the tendency to immediately inform the state about the cancellation so your SR-22 will be rescinded. If they do so, your three year requirement starts from the beginning. Most states will not count the previous years so set up the new policy with an SR-22 first.

Understanding Cerebral Palsy and Medical Negligence

Cerebral palsy results from brain damage that occurred due to lack of oxygen in the baby’s brain, usually during its development inside the uterus or during delivery. This life-long condition is considered non-degenerative, which means it doesn’t worsen as time goes by. Depending on the severity of the brain damage, a person living with cerebral palsy may experience a myriad of different symptoms, ranging from mild seizures to persistent and severe muscle contraction.

According to the United Cerebral Palsy Association, around 764,000 individuals are suffering from cerebral palsy. This staggeringly large number puts too much strain not only to the country’s healthcare system, but most especially to families whose family member have cerebral palsy. Children with cerebral palsy are oftentimes diagnosed with some level of mental retardation, and are also suffering from vision and other sensory problems, as well as learning difficulties.

Several studies are now underway to pinpoint the root cause of cerebral palsy. Many scientists suggest medical negligence could be a contributing factor for the development of this brain condition. According to the website of the Law Offices of Ronald J. Resmini, LTD., untrained staff and reckless medical professionals may contribute towards cerebral palsy risk. A medical professional could be at fault for cerebral palsy if:

  • The doctor fails to perform C-section when needed. A baby born to mother with smaller pelvic bone is at risk of oxygen deprivation in the brain. Also, a baby could be at risk of oxygen deprivation if he stays longer in the vaginal canal. Doctors should be prompt in determining when a C-section is needed to prevent cerebral palsy from developing.
  • The doctor used delivery tools wrongly. Assisted normal delivery can cause cerebral palsy if tools have been used in a wrong way. For instance, forceful use of vacuum cap or forceps might block the circulation of blood to the baby’s brain, depriving it of the oxygen it needs to prevent brain damage
  • The doctor fails to assess the baby’s risk of cerebral palsy while in utero. Infections, such as German measles, toxoplasmosis, and herpes may all contribute to cerebral palsy.