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Showing posts from March, 2015

Bullying in the Workplace – Bad Bosses and Hostile Work Environments

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Bullying in the Workplace – Bad Bosses and Hostile Work EnvironmentsMaybe you experienced bullying as a child in school. Bullying in schools was, and is still common place in some institutions. If so, those are memories you would likely prefer to leave behind. This might not be possible if you face a hostile work environment due to bullying at work. Are you being bullied at work? Many people are dealing with bullying at work on a daily basis, and don’t know where to turn for help. Don’t be ashamed, as it is not your fault. You are not responsible for someone else’s behaviour. Maybe you have even asked yourself whether you should stay or whether you should go. Is it time to move on and work with another organization? Don’t leave the organization yet, necessarily.

What is workplace bullying? What is workplace harassment? How does one define bullying in the workplace?
Bullying is an aggressive act, meant to destabilize and reduce the power of another, leaving the victim feeling isolated, r…

Introduction to Real Estate Disputes

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Introduction to Real Estate DisputesTip: Before you sign a real estate contract, check to see if it has a Mediation Clause.Real Estate touches most of our lives; buying your first home, dreaming of that 2nd home away from the the city, or downsizing after your children have started having their own kids. Dreams of opening that bakery after retirement and finding the perfect location on Main Street, only to discover the city use permit is no longer valid due to expired city permits.

Sometimes, what may have appeared as the perfect transaction, turns into a nightmare between buyers and sellers, landlord and tenants, or parties of interest such as you and the Home Owners Association. Disputes do occur in Real Estate, which can be costly, emotional, stressful, and most importantly, time consuming. Here are some examples.
Examples real estate conflicts:The buyers purchased their Bay Area home. Within days of purchasing, a plumbing back-up causes damage. The problem was rooted in the sewer sy…

What is ADR?

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What is ADR?Alternative Dispute Resolution Introduction to ADR
Popular television shows depict trials as the climatic event – an intellectual sparring of wit and strategy – and the whole dispute is over within an hour. In reality, legal disputes drag over months or years before a trial may take place. Preparation can be tedious and insipid, while 95% of lawsuits will settle and never even go to trial, which has led some lawyers to write about the phenomenon of the “Vanishing Trial”.[1]
Most lawsuits today are resolved through Alternative Dispute Resolution (ADR). ADR refers to various processes to resolve disputes outside of the formal public courts system. The main forms of ADR are negotiation, mediation, and arbitration, although there are also hybrid processes such as the minitrial, med-arb, and early neutral evaluation.
A Spectrum of ADR Options ADR options are organized along a spectrum, from negotiation, which is the least formal process, to arbitration, which is the most formal pro…

Contract Negotiation Tips

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Tips to Keep in Mind when Negotiating a Contract Contracts are one of the most elementary components of our legal system.  They can be long, short, written, verbal, and contain a single sentence or a novel-worthy page count.  In essence, they are any type of agreement that describes a “this-for-that” exchange of rights, obligations, money or services.  Many contracts, like simple purchases or contracts for quick services or utilities, are non-negotiable.  However, even in those situations, there may be more room for negotiation than you think.  If you find yourself in the position of being able to discuss what your contract might entail, here are some basic tips to keep in mind when preparing for a negotiation. Contract Negotiation Prep Work You need to know what rights and obligations you’re actually talking about in order to have a hope of successful negotiation.  This stage is crucial.  Contractual terms and desired outcomes can change during the course of negotiation, but it will alm…