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Divorce Mediation – an Alternative Dispute Resolution that has worked well for many Couples

Posted by on Apr 29, 2017 in Divorce & Family | 0 comments

Divorce Mediation – an Alternative Dispute Resolution that has worked well for many Couples

According to the law firm Higdon, Hardy & Zuflacht, in the state of Texas, “Alternative Dispute resolution is authorized through Title 7 of the Texas Civil Practice and Remedies Code. A court may, on its own motion or on the motion of a party, refer a pending dispute for resolution by an alternative dispute procedure (either Mediation or Collaborative law).

Mediation uses a trained neutral mediator to attempt to resolve the dispute, while collaborative law is a hybrid process that involves each client bringing a trained lawyer to the table to negotiate the divorce. Either of these options could help you to retain control during your divorce proceedings. If you are considering either of these options to settle your divorce, consider seeking help form a knowledgeable alternative dispute resolution attorney for a peaceful, faster, controlled and less costly divorce.”

Many divorcing couples can now choose from the many alternative dispute resolutions available. Unlike in the past when divorces were settled in courts, requiring spouses to spend so much money, bear with the length of the process which may take a couple of years, sometimes even more, especially if it is a high-profile divorce (depending on the issues that need to be settled and how fast the spouses agree with each other over such issues – child custody and visitation rights, child support, spousal support or alimony, and division of properties, assets and debts) and end up hating each other, today’s alternative resolutions allow the spouses themselves (not a judge) to decide on the issues; these also cost cheaper that a court-litigated divorce, are faster to settle and leave the spouses friends to each other despite the need to end their union.

One type of alternative dispute resolution is mediated divorce or mediation. Mediated divorce is a private process and does not require the presence of a lawyer (though any of the partners may be assisted by one if he/she wishes). Through the help of a mediator, who is chosen by the couple and who makes suggestions regarding what may be the best options (to settle divorce and all other issues) based on the couple’s circumstances, the couple makes the decisions on how everything will be settled.

There are other benefits that make the mediation process more advantageous than a court procedure, some of these include:

  • Confidentiality: while the spouses have a free hand in making decisions that will work best for both of them, their personal lives and interest are also kept from becoming public news and gossip. In the mediation process, whatever transpires is kept between the couple (and their lawyers, if they each have one) and their mediator.
  • Cost: a court settlement can take weeks, months or even a year to finish, while a mediation process may take only hours or days, saving the couple from incurring off time from work and costly court fees.
  • Compliance: since the issues were decided by the couple, making sure that each party abides by the decision is more ensured.

The mediation process is gaining greater popularity in settling divorce and other related issues as it also makes the process less stressful for the divorcing parties. The process also builds an air of respect and friendship that may determine the couple’s attitude towards each other, even long after the divorce has been settled.

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Types of Corporation

Posted by on Oct 18, 2016 in Business | 0 comments

A Corporation is a type or business entity wherein a group of shareholders assumes an existence that is independent of the individual shareholders, making this group’s powers and liabilities, therefore, distinct from those of its members.

A corporation limits the liability of shareholders; thus, even if is held liable for damages in a civil suit, the most shareholders can lose would be their investment in the stock. Personal properties and assets of shareholder are not on the line for corporate liabilities.

A corporation has four main types: C Corporation; S Corporation; Limited Liability Company (LLC); and, Nonprofit Organization.

  • C Corporation. Under the U.S. federal income tax law, a C corporation is a type of corporate business entity that is taxed separately from its owners. The number of shareholders in a C corporation, whether foreign or domestic, is never limited.
  • S Corporation. An S corporation is a special type of corporate business format that was formed through an IRS tax election. Under the S corporation set up, company income, deductions, and tax credits flow through to shareholder, thus, income is taxed at the level of the shareholder instead of at the corporate level. While an S corporation limits the financial liability of a shareholder, this may not apply in litigations due to workplace incident.
  • Limited Liability Company (LLC). An LLC combines the elements of a partnership and a corporation. While the company’s existence is separate from its members, allowing it to exist even if one or more members withdraw, all business profits and losses are reported on members’ personal tax return. LLC members also enjoy limited liability in the event that the company incurs huge debts or goes bankrupt. This means that members’ properties and assets of are protected from being taken by creditors in payment of company debts.
  • Nonprofit Organization. This type of corporate business entity uses surplus revenues in achieving its goals rather than distributing them as profit or dividends.

As the firm, Russo, Russo & Slania, P.C., explains in the website, establishing a new company is an exciting move, however all decisions can have a substantial impact on the future of the business. From a legal standpoint, there are a range of different choices that must be made which can profoundly influence the course of a company’s development and progress. Advice from a qualified legal professional can prove invaluable, especially for entrepreneurs.

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The Most Dangerous Breeds of Dogs

Posted by on Jul 13, 2016 in Family Safety | 0 comments

On January 3, 2016, a 9-year old boy was brutally killed by his half-sister’s three pit bulls after he was left alone with the dogs. The three animals, a mother and two offsprings, were raised by the owner herself, who also said that she has no idea what made the animals do what they did to her brother.

On February 7 of the same year, a 3-day old male infant was bitten on the head by their family dog, a male labrador-shepherd mix. Prior to the accident, the infant’s 21-year old mother placed him in a plastic laundry basket and laid the basket on the floor beside the couch where she fell asleep. It appeared that the basket was used by the dog as bed. Finding an infant where he was supposed to sleep, the dog was said to have tried to pick the baby up. The autopsy report said that the infant died after the dog’s teeth pierced his skull which caused brain injuries.

There are hundreds more of stories that tell about the scary reality of babies, children, senior citizens and people in different age brackets getting attacked or bitten by dogs. According to the Centers for disease Control and Prevention (CDC), more than 4.5 million dog bites are reported in the United State every year. In 2012, more than 27,000 people necessitated reconstructive surgery due to dog bites, while in 2015, there were 34 dog bite-related fatalities.

Though many different breeds of dogs have been known to cause injuries and/or death, the top two breeds that cause the most harm are Rottweilers (second) and Pit Bulls (first in the list of most dangerous dog breeds). A 1982-2014 compilation of dog attack deaths and injuries show that Rottweilers harmed 538-5 individuals and killed 85 others; Pit Bulls injured 3,397 people and caused 295 fatal attacks.

According to The Benton Law Firm, in a number of states, like in Texas, for example, owners of dogs which happen to cause injury to someone can be held liable (and may even be criminally charged). If a dog, however, kills someone, then its owner may even be charged with a second-degree felony and may face up to 20 years in prison. A civil lawsuit,on the other hand, can help the victim claim compensation that would cover medical expenses, lost wages, or pain and suffering.

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Possible information sources after a truck accident

Posted by on Mar 6, 2016 in Truck Accidents | 0 comments

Aside from obtaining information from the police and media outfits after a truck accident, victims of such incidents or their families may also want to get studies conducted by government agencies or data from the vehicle’s computer tracking systems. Information gathering is important in supporting your claim for you to possibly get compensations you need for recovery.

Agents from the federal and state agencies also respond in truck accidents to conduct their investigations. A police report often does not include other factors of a truck accident, like driver errors, road conditions, mechanical failures or driver errors. Government agencies like the Federal Motor Carrier Safety Administration (FMCSA) thoroughly investigate other factors that may cause trucking accidents. Results of investigations are used in studies to make laws to promote road safety. Examining truck accident studies is important mostly if you suspect that a negligent truck driver is liable to your injuries. The FMCSA and the Georgia Department of Public Safety have rulings that truck drivers are well rested for a number of hours before driving huge commercial trucks. Using such information may strengthen your claim mostly if you found out that the truck driver violated his or her “hours of service.” Truck drivers who chose to work beyond the required hours set by law are often involved in accidents.

Truck accident victims may also want to get information from the high tech devices installed in monitoring commercial trucks. Many of the commercial trucks nowadays utilize electronic devices like global positioning systems (GPS), and other on-board computing devices to monitor real time trucking activities. If you or a loved one has been involved in a truck accident, you may want to immediately obtain the truck’s computer-generated information to determine if the truck driver became negligent before the accident happened.

It’s important to hold those responsible for trucking accidents accountable, as these mistakes can have serious consequences on peoples’ lives. The risk of injury or long-term disability is high with trucking accidents.

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The Legal Consequences of Drunk-driving

Posted by on Oct 12, 2015 in Personal Injury | 0 comments

Nobody can dispute the fact that alcohol makes people become less able to react immediately to dangerous situations which could harm them or someone else. Where driving is the issue, federal and state road safety authorities have always pointed out the clear dangers associated with driving while intoxicated with alcohol, and substantiates their declaration with statistical data.

Drunk-driving is one major problem in US roads and highways which has always caused worry to both government and private organizations. This is because it increases the risk of accidents which can injure or kill not only the drunk driver but innocent people as well. Records from the National Highway Traffic Safety Administration (NHTSA) show more than 10,000 fatal car crashes due to driving under the influence (DUI) or driving while intoxicated (DWI) every year; in 2012 alone, 10,322 individuals were killed in alcohol-impaired driving accidents.

Due to the injuries and property damages that it can cause, drunk-driving has, therefore, been made a serious traffic violation that is meted out with harsh punishments, which can include a large fine, imprisonment, mandatory attendance in a DUI school, suspension of driving privileges, and community service. If the accident causes injury or death though or if the drunk driver is found guilty of repetitive violations then he/she will face more severe punishments, like having an ignition interlock device (IID) installed in his/her vehicle, a requirement to acquire an SR-22 form or revocation of his/her license, besides those already mentioned earlier.

The current blood alcohol concentration limit (BAC) set for drivers in all US states is 0.08%; for commercial drivers, however, the limit is 0.04%, while for those 21 years old or below, there is a zero tolerance rule. This means that anyone caught driving with a BAC level set at the limit or higher will be charged with a DUI or DWI misdemeanor or felony offense.

As pointed out by Tuscon personal injury lawyers on their website, car accidents can very well result to serious and long-lasting physical and emotional repercussions for injured victims and their families. Because of this, DUI accidents need to be taken into serious consideration as it can impact each person involved in a wide number of factors.

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