Mediation in Divorce and Family Law Cases

WHAT IS MEDIATION?

In many states, mediation has gone from being an option to help resolve issues to a mandatory part of the court proceedings. That is particularly true in cases that involve divorce or custody disputes.

Mediation is called an alternative dispute resolution process. In short it provides you with an alternative to Court to create your own agreements and craft your own orders without submitting those matters to the Judge. This is often a preferred way to resolve disputes in a divorce. The alternative is to proceed to Court and allow a Judge, a complete stranger to you and your children, to hear a few short arguments and testimony and decide your fate. Often such orders may seem like pounding round pegs into square holes with out understanding fully the individual circumstances of the parties. Clearly that is in no one’s best interest and often leads to the long roller coaster ride through court with each party filing new motions year in and year out to change the rulings that the Judge has made.

By contrast, mediation teaches the parties to communicate and to work through their issues productively. In the process, the parties to work with a neutral expert to resolve their disputes in a way that works for them. A mediator is also known as a qualified neutral.

The mediator may be a lawyer, a therapist, a religious leader or other qualified individual. As part of the mediation process, the mediator will not provide either party with legal advice and, instead, will work with the parties on their communication skills to understand the other parties position.

Often mediators will encourage the parties to incorporate into the proceedings other experts to help them in the decision making process,. This may involve the use of appraisers to value a home, accountants and investment counselors to address financial aspects, or a parenting consultant to work through custody and parenting issues. By using one neutral expert, the parties may save thousand of dollars that would be spent for each party to hire their own expert only to remain at an impasse with different results.

WHAT TYPES OF DISPUTES CAN BE RESOLVED THRU MEDIATION?

Mediation can be a useful tool for almost any issue that you encounter in family court. Even the most acrimonious divorces can benefit from mediation by helping the parties resolve some, if not all of their disputes, thereby simplifying the issues to be resolved through the court process.

Mediation may resolve:

disputes between divorcing parties including custody issues, spousal maintenance and property issues;

paternity issues;

restraining order issues.

WHY SHOULD I MEDIATE?

1.Mediation is available any time both parties are willing to engage in the process, even if they are already involved in a contested court case;

2.Mediation is LESS EXPENSIVE than going to court with both parties to the dispute sharing the cost;

China’s Legal Environment For Foreign-owned Enterprises– On The Perspective Of Foreign-owned Enterp

As we know, legal environment plays an important role for investment environment, and is also a necessary factor of attracting potential foreign investors. In this case, it has become an essential indicator for improving investment environment in China. Since reform and opening up of China, a series of foreign investment law was published during 1980s to build a legal system of foreign investments. “Law of the people’s republic of China on foreign-owned enterprise”1 and “the law of foreign-owned enterprise implementation regulations”2are parts of them. As a mount of foreign-owned company established in China in last century and China joined in WTO in 2001,”Law of the people’s republic of China on foreign-owned enterprise”and its implementation regulations have been amended in 2000 and 2001 respectively to adapt to the new changes in economic circumstances. Thus a free and open legal environment for foreign enterprises has been improved initially. For example: the enterprise’s obligations of exporting3 and reporting the production plan4 were canceled, which was stipulated in the old foreign-owned enterprise law. Moreover article of “the priority to buying Chinese raw materials and fuel under the same conditions5” was removed either, in order to esteem business autonomy; articles contrary to the provisions of the stipulation of WTO were deleted as well, including “balancing own foreign exchange”6, “requirement for local materials” , “requirements for exporting implementation” etc.

Though the new foreign-owned enterprises law considered more about the new economic situation, there are still some incomplete aspects which restrict the foreign-owned enterprises to go further in China market. Meanwhile, several conflicts are arising between new “company law”, which was published in 2006, and foreign-owned enterprise law. Those problems all affect the development of foreign-owned enterprises in China. From this point of view, this article will analyze the drawbacks of foreign-owned enterprise law and the effect of them on China’s legal environment:

1) Implementing issues of foreign-owned enterprise law.
Firstly, the amendments for “foreign- owned enterprise law” and their implementing regulations in respect of procedure matters were not enough; therefore, the fact that to set up a foreign-owned company would experience eventually a very complex, long and inefficient process, has not been changed fundamentally. Under the current regulations, the basic formation process includes the following steps: (1) Submit the application to the government of county level or above the county level where the foreign-owned enterprise will be established, and deliver relevant documents. (2) Submit the application through the above government to the approval authority for approving the establishment. (3) Registration in the industrial and commercial bureau. (4) And other related registrations. The completed process not only links many departments, but also requests for submitting a variety of written materials. The whole process usually makes potential foreign investors too confused to continue the investment. Finally, the enthusiasm of foreign investors is weakened badly. Fortunately, all levels of government have stood on the front line of attracting investment, and taken various measures to improve the investment environment to promote investment practically. At the same time county, district, development areas have been authorized to approve the project directly through various forms. Above all, it is absolutely significant and possible to simplify the procedures of foreign-owned enterprise establishment.

Secondly, the problem of long establishing period is also worth consideration. Foreign-funded enterprises will spend about six months on registration and approval procedures under current regulations. But in practice, a number of areas’ governments have reduced processing time to provide conveniences for foreign investors. For instance: Henan province commits that approval of foreign investment will be finished in five working days. In addition, the government of Shenzhen province also commits that the application, approval and registration in the industrial and commercial bureau of encouraged project7 will be finished within 12 working days. Therefore, from my point of view, establishing period should be shorted in order to enhance the enthusiasm of foreign investment.

2) Conflicts between foreign-owned enterprise law and new company Law Foreign-owned enterprise law, which is an important part of “Foreign Investment Law8” , has been outside the company law system alone for several decades, and formed a set of enterprise system and legal rules different from company law. One part of those rules is about the unique system and stipulations, which are related to the foreign economic relationship; the other part is about the general rules and system of corporation limited. In response to this conflict, company law provides that the limited corporation which is funded by foreign investor adapts company law; but also provides, at the same time, that if there are “other regulations” in the foreign-owned enterprise law, adapt its regulations. The problem is what the “other regulations” point. It is reasonable, if they refer to the unique system and rules of foreign-owned enterprise law; if, however, they include every aspect of present foreign-owned enterprise law, the situation of undermining the legal unification will emerge. Therefore how to deal with the situation? A legal pattern of the foreign-owned enterprise law ruling its unique system and the regular rules of a corporation adapting company law should be established. By doing so, these two laws would coordinate with each other smoothly. The confusions of foreign investors can be reduced to a great extent during the daily business contacts.

The authority has paid attention to above problems and recognized the negative effect of these drawbacks. Some officials of Commerce Ministry said that amendments of foreign-owned enterprise law are in the pipeline. I do hope these problems will be resolved in the amendments. A better and healthier legal environment for foreign-funded enterprises will be provided as a result.

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1It will be simplified as foreign-owned enterprise law in the following text.
2It will be simplified as the implementation regulations in the following text.
3Refer to Article 3 of the old implementation regulations: “the annual output value of export products accounts for more than 50% of the annual output value of all products”.
4The foreign-owned enterprise should submit its product plan to relevant authority and enforce the product plan as an economic administrative contract.
5Refer to Article 15 of the old foreign-owned enterprise law: “within the scope of the operations approved, enterprises with foreign capital may purchase, either in China or from the world market, raw and
semi – produced materials, fuels and other materials they need. When these materials are available from both sources on similar terms, first priority should be given to purchases in China”.
6Refer to Article 3 of the old implementation regulations: “the annual output value of exported products accounts for more than 50% of the annual output value of all products, thereby realizing the balance between revenues and expenditures in foreign exchange or with a surplus”.
7Refer to the implementation regulations Article 3: A foreign-funded enterprise to be established must benefit the development of China’s national economy and be capable of gaining remarkable economic results. The state encourages foreign-funded enterprises to use advanced technology and equipment, engage in the development of new products, realize the upgrading of products and the replacement of old products with new ones, economize energy and raw materials, and it is also encouraged to establish foreign-funded enterprises which are export oriented.
8Chinese Foreign Investment Law concludes “Law of the peoples republic of China on Chinese-foreign equity joint ventures”,”Law of the peoples republic of China on Chinese-foreign contractual joint ventures”,”Law of the peoples republic of China on foreign-owned enterprises”, and their implementation regulations.

A Good Choice Collaborative Divorce

We know from long experience that only collaborative divorce — not old-style adversarial legal representation, and not a single mediator working with or without lawyers in the picture — views divorce as a complex experience requiring advice and counsel from multiple perspectives if it is to be navigated well. Collaborative divorce prepares you to deal with the emotional challenges and changes associated with divorce and provides the resources that can best help you make a healthy transition from married to single.

Collaborative divorce builds in important protections for children, too. It informs you fully about how your children are experiencing the divorce and what they need to weather the big changes in their family structure without harm. It helps protect your future relationship with your spouse by informing both of you fully — together, at the same time — about the financial realities of your marriage and divorce in a way that eliminates pointless arguments about economic issues. It also teaches you and your spouse new ways of problem solving and conflict resolution so that you develop useful skills for addressing your differences more constructively in the future. Further, collaborative divorce

Helps you clarify your individual and shared values and priorities Helps you and your spouse reach maximum consensus Includes complete advice about the law without using legal rights as the sole template for negotiation and resolution Helps you and your spouse resolve serious differences creatively and without destructive conflict Helps parents improve their ability to coparent after divorce Builds in agreements about resolution of future differences after the divorce is over Focuses not only on resolving past differences but also on planning for healthy responses to current challenges and on laying a strong foundation for the future after the divorce is over Aims toward deep resolution, not shallow peace Why You Do Not Want an “Old-Style Divorce”

We’re confident that, like the people we work with every day, you want to protect yourself and your loved ones from the havoc that an old-style divorce can wreak in your lives. Let’s summarize the facts you now know about old-style divorce:

It is based on the centuries-old belief that divorce is wrong and abnormal It seeks to find fault and mete out punishment It focuses on the past It is premised on conflict It is constrained by an arbitrary legal framework intended to resolve matters of right and wrong by the exchange of money It aims at a deal, not deep resolution It fails to take into account current understandings of how people are wired, what they need in times of change, what children need during and after divorce, and how families change and restructure What’s more, we know that old-style divorce is bad for individuals, families, and communities because

It’s expensive It’s hurtful and damaging It’s “one size fits all” It deems irrelevant many common concerns that are extremely important to most people because judges can’t issue enforceable orders about them It focuses on the past It encourages unrealistic expectations on the part of both spouses about what should happen in the divorce It resolves disputes through competing predictions of what a judge would do rather than focusing on what you and your partner can agree on It won’t provide essential help to you or those you care about The emotional and social costs are incalculable Luckily, we live in an era when there is finally a better option — one that can end a marriage without destroying a family or setting into motion negative effects that can bedevil family members for a lifetime.

Getting Family Legal Aid Wirral is not Always Simple or Possible

A few years ago it seemed that every second person you met was getting some sort of legal aid for various legal problems. However, the truth is that getting family legal aid Wirral is not always so simple or even possible. Everything depends on the nature of the case and your circumstances. Solicitors Wirral and other places need to look at everything before they can decide whether or not you can get legal aid./p>

Even if you are eligible for funding, there are rules which have to be followed and sometimes extra costs which need to be allowed for. In all aspects you need to be guided by the advice of your solicitors in Wirral, or wherever. They will be able to tell you exactly where you stand regarding funding and what your options are.

General family help

This includes the services under Legal help to resolve a family dispute through negotiating or otherwise. But it also includes issuing proceedings and representation where necessary to secure the early resolution of a family dispute. It also includes obtaining a consent order following an agreement of matters which were in dispute. It does not cover representation at a contested final hearing.

Extra costs you may have to pay and the statutory charge

The money or property you get with the help of public funding will be used first to repay your legal costs to the Legal Services Commission and you will receive anything left over. There are some exceptions and rules but these changes from time to time. As always, be guided by your solicitor.

If the statutory charge has to be paid

Payment can be postponed if the charge relates to your home or the home of your dependants. The statutory charge can also be postponed where it is to be paid out of money which is to be used to buy a home for yourself or your dependants. Your solicitor will give you more information about the effects of the statutory charge before you decide to go ahead with your case.

When you become involved with solicitors law Wirral, or anywhere else for that matter, you need to realise that you have to put yourself in their hands completely because the law is so vast and complicated that if you try to do things yourself, or ignore their advice, you are liable to make a mistake. This mistake could be a minor one but even such a small thing can mean the difference between success and failure when it comes to legal matters.

Solicitors in the Wirral area are experienced with all matters regarding the law and while they are not experts in every area, they will have specialised in certain areas and so be proficient in them. They will be able to guide you in matters regarding fees, funding, family legal aid Wirral residents can access and all your options regarding your case. They will also help you with related matters and point you in the right direction for further assistance.

California Uninsured Employer Attorney What If My Employer Has No Workers Compensation Insurance

If you are a seriously injured in a work accident, things can be confusing enough even if your employer has workers compensation insurance. However, when you suffer a serious work injury in California and your employer does not have workers compensation insurance, then you may be uncertain as to what you should do. In this article, we discuss your options if your employer is illegally uninsured in California.

In a nutshell, you have few options if your employer is illegally uninsured in California. You can try and obtain workers compensation benefits through the California Workers Compensation Appeals Board (WCAB). You must bring a claim against the California Uninsured Employers Fund. This is a system which is supposed to allow injured workers whose employers do not have workers compensation insurance to collect workers compensation benefits though the Uninsured Employers Fund (hereinafter “UEF”) – a State run agency.

However, you will find this is a difficult process, at best. At worst, it is a sham. Seriously. It is very difficult, if not impossible, to find a California workers compensation lawyer that is willing to handle an Uninsured Employers Fund case. Most California workers compensation attorneys to not handle Uninsured Employers Fund (UEF) cases because the UEF has no accountability.

Unlike a private workers compensation insurance company, the UEF can (and will) arbitrarily not provide workers compensation benefits and there is nothing that can be done. The UEF can stop your workers compensation benefits and the WCAB can’t award penalties. Which means that the UEF is not accountable for not providing timely benefits. Thus, very few California Workers Compensation Lawyers take UEF cases.

If your employer is still viable (i.e. in business and not likely to go out of business if you sue them and able to pay a substantial judgement); then the better option is oftentimes to bring a civil lawsuit against your employer. In addition, in some circumstances you may be able to collect against your employer’s liability insurance carrier even if they don’t have workers compensation coverage. Under California law, an injured worker can elect to file a civil lawsuit against their uninsured employer for negligently causing their injury. These are “second-party” cases, known as “Uninsured Employer Cases.”

Caution is urged in what lawyer you hire to handle your illegally uninsured employer case. You need a California Uninsured Employer Attorney. Very few lawyers in California understand the intricacies and procedures used in California uninsured employers cases. These cases are very different from “common law” negligence cases. You need to be careful to hire a California Uninsured Employer Attorney that understands how to bring and prevail in an uninsured employers civil lawsuit.

Most negligence cases in California have a one year or a two year statute of limitations. Meaning you have one or two years to bring a lawsuit in order to protect your rights. However, you have three years from the date of your injury to bring a civil lawsuit against your uninsured employer in California. If you have filed a timely workers compensation claim against your employer, you may even be able to bring the civil lawsuit much later than three years from your date of injury. Even if it is past the three year point, you may still be able to bring a civil lawsuit. While we recommend you file within the three year statute, you may still be able to bring a case much later.

The bottom line is this. If you are a seriously injured worker in California and your employer doesn’t have workers compensation insurance, you are going to have an extremely difficult time obtaining compensation for your work injuries. What lawyer you hire is going to make all the difference in whether you receive fair compensation. Make sure the California uninsured employer attorney you hire has the experience, resources and ability to win your case.

Disclaimer

This article is not legal advice. The article is simplistic in order to achieve clarity. Your case, situation or circumstances may differ substantially from those described in this article. Whenever you are making a court claim your credibility is always at issue. If you get caught in a lie you will probably lose your work injury case. It is crucial that you always tell the truth. Always.