Civil And Commercial Mediation

Mediation and arbitration are in place to induce parties to settle their disputes prior to or instead of initiating any legal action as litigation is lengthy and costly and only adds to the swelling court docket. Both arbitration and mediation involve a neutral third party to help the disputing parties resolve their issues. In contrast to arbitration, mediation is less formal and the parties focus on negotiation rather on seeking the ruling of the neutral third-party. While the main goal of the ADR is to eliminate the need for litigation, ADR can also be used as a process of resolving a pending litigation, when courts require parties to submit to ADR prior to proceeding to trial.

Mediation is used to resolve both civil and commercial disputes. Mediation is not just limited to solving legal disputes. The process is also increasingly used in resolving administrative and community issues. Mediation law is a growing area of the law as studies show that parties who underwent mediation are more likely to be successful in resolving their disputes compared to parties who immediately went to litigation. Recognizing the usefulness of mediation in both court and non-court settings, the Uniform Mediation Act was enacted to be adopted by all American states to promote uniformity in the use of mediation law.

Not all states, however, adopted the UMA, so the procedures governing mediations still vary from state to state. This means that, despite the aim of mediation to eliminate litigation, there will be legal disputes arising from the process that will need the expertise of mediation law attorneys. For one, if there are no uniform rules on the language of settlement resulting from mediation, one party may choose to go to another state to have a court there interpret such settlement.

A mediator, who is a neutral third-party trained in negotiations, presides over mediations and assists the parties to come up with a settlement that is tailored to each of the parties' needs. Mediation is voluntary so that the parties are in control and in cooperation with each other. There instances though when a court will direct mediation. Civil and commercial mediation still require attorneys as not all mediators are familiar with the law. If the dispute is legal, the parties, including the mediator, may not be able to reach a settlement that will resolve the dispute without the help of expert mediation law attorneys.

The goal of mediation is negotiation to come to a voluntary settlement, but a settlement is not always the outcome of mediations. Parties who undergo mediation are not bound by the settlement reached, so any party can go to court and sue the other party, bringing their dispute back to square one. It is for this reason that civil and commercial mediation law attorneys are needed to help the parties reach a win-win resolution and avoid the costly, lengthy and burdensome litigation process that may not also result to the desired outcome of the parties. Success rates of mediation is high and, if successful, can save both parties huge amounts of money that will be drained when the disputes are taken to court.

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Children Rights Law - Legal Information and Resources

Children Rights

Children are considered vulnerable until they reach the age of maturity, which is 18 years old in most states. Children, as a result of circumstances not of their own making, may be left impoverished and homeless, and deprived of opportunities open for them by the government. It is in this regard that federal and state government enacted legislation codifying children's rights. Children do not have full rights compared to adults. Nevertheless, children, under the law, have inherent legal rights and are also granted additional rights. Children's rights law is embodied, in the national scene, by the U.S. Constitution under the Fourteenth Amendment, and in the international scene, by the Convention on the Rights of the Child.

Children's rights law aims to safeguard children, their welfare and their rights as individuals. These federal and state laws addresses the children's social welfare; health, education and special needs. Although parents have the fundamental right of caring for their children, when the state evaluates that the child is not safe with his parents, the state can remove the child from his home and ensure the child is given rightful care. Children's rights law also aims to stop abuses that children may suffer, including child trafficking, child labor, child prostitution and child pornography. In addition, children's rights law also addresses how the juvenile justice system deals with minors. Social problems relating to children are constantly shifting and children's rights law aim to address these problems. In recent years, cases of cyber-bullying and child pornography in the Internet have increased.

Children's rights law varies from state to state. The Fair Labor Standards Act provide that only adults who are aged 18 and above may be employed, with some exceptions. Children below the age of 18 may gain rightful employment, subject to certain conditions that are meant to protect them from abusive employment practices. Employment limitations include limitations on the number of hours children are allowed to work based on the premise that children are supposed to be in school at specific times of the day. The FLSA, however, was enacted at a time when family farms were still prevent and the statute has not been amended to address the change in employment landscape. Many have pushed for the amendment to the FLSA because its codes relating to farm work for children are fairly lax and are seen as hindrances to their development.

When faced with charges of violations of children's rights law, it is imperative to seek the aid of an attorney as federal and state governments are zealous in the enforcement of the law. In addition, non-governmental groups are also active in pursuing violations of children's rights law. A violation of the children's rights has accompanying penalties that vary from state to state, and the prosecution of such violations also depend on the procedures laid out by the state. A violation of these laws may be minor or major, depending on the state. It is thus crucial for those facing charges to employ attorneys who are experts in the area of children's rights law.

Areas of Law