Litigation and Dispute Resolution
Civil litigation is a broad term that describes court based legal disputes under the common law system (excluding criminal liability). In civil litigation there are two parties who are having a dispute
Instead of going to court, what is the cost to do mediation or an alternative dispute resolution by hiring a lawyer?
Honestly I have to agree with Phil, however, Nicole brings up a great point. Truth is there are many mitigating factors. It is always a good idea to find a mediator who has direct experience in your specific issue. And like every other service you may buy, make sure you check references to learn just how good they are at their job. That can mean a lot to you as your negotiation proceeds. Like everything else we do, it is always wise to check out our bedfellows carefully to avoid getting caught up with someone not really able to achieve the goal we need or want. Cost for this will vary widely depending on the deal you cut for the work, how extensive that work turns out to be, is it required that they travel and what are the hard costs involved. Reality is somewhere between Phil and Nicole but can be higher.
What are the factors you should consider in pursuing a court case?
This is a scenario that I go through with my clients all the time.
it is just as much a commercial decision as a legal one.
There are a number of factors to consider:
1. Your time and money - plus the emotional cost
2. Whether the other party has funds to pay a judgment
3. Strength if your case as opposed to the offer of settlement
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In part 1 of this 2-part guide you learned what mediation is and who attends. You found out what to expect at mediation and how it helps resolve conflict early on before things get out of hand. In...
You deal with varying levels of conflict in your daily life. Whether itâ€™s a work, at home, at school or in the supermarket, not a day goes by when you are not negotiating conflict in some form or...
When I am at networking events or social occasions I am often asked, after ten years as a litigation lawyer, why I decided to pursue mediation. As with most things in life, there are many factors...
Does the disclaimer text inserted at the bottom of many corporate emails actually hold any legal weight? Does it actually indemnify the company if an employee uses their corporate email for...
Yes a well worded disclaimer clause that is clearly stated will be enforceable. There are a number of different types of disclaimers or exclusion clauses. One type you have identified is on the bottom of emails but they are also found in most consumer contracts such as gym agreements, mobile phone contracts etc. They are enforceable as by signing those documents you are stating that you have read and understood the terms of the agreement and consent to waiving your rights. Exclusion clauses are also found in car parks, again if clearly displayed and worded will be enforceable. My advice is always make sure the clause clearly states what you are excluded, if it is vague it will be unenforceable.
In terms of indemnify the company from inappropriate - remember you are vicariously liable for the actions of your employees. That means in simple terms -- you are responsible for every idiot you employ and the actions of that idiot. However if you have a clear social media and email policy then it could be a disciplinary action against the employee.
It's not uncommon for an internet meme to trigger a tirade against the poster, which is exactly what happened on actor and activist George Takei’s social media accounts. How George Takei chose to...