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What is the Difference Between Arbitration and Mediation

What Is the Difference Between Arbitration and Mediation?

Both arbitration and mediation are two separate alternative dispute resolution (ADR) methods to resolve legal issues between parties outside of a traditional court hearing. While both methods are aimed to resolve and/or settle a legal issue, there are distinct and key differences between the two. What Are Arbitration and Mediation? Arbitration is a formal proceeding, […]
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Non-Dischargeable Debts Under Section 523

Non-Dischargeable Debts Under Section 523

When a person files for bankruptcy, their debts are discharged, meaning they are no longer legally obligated to pay them. However, there are certain types of debts that are not eligible for discharge under Section 523. These may include debts incurred through fraud, embezzlement, or willful or malicious injury to another person or property. What […]
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The Importance of Filing an Accurate Proof of Claim

The Importance of Filing an Accurate Proof of Claim

A recent Bankruptcy Court decision sanctioned a creditor that filed an inaccurate proof of claim by awarding attorney’s fees to the debtor.  In re Simmons, No. 22-680 (Bankr. D. S.C. Aug. 31, 2022). Bankruptcy Procedure for Proof of Claim Rule 3001(c)(2)(D)(i)-(ii) of the Federal Rules of Bankruptcy Procedure states that if a creditor fails to […]
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EEOC Investigation Process

EEOC Investigation Process

The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that prohibit employment discrimination. If an individual believes they have been subjected to discrimination in the workplace, they can file a charge of discrimination with the EEOC. Once a charge is filed, it will initiate the EEOC investigation process to determine whether […]
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Mediation in Bankruptcy Proceedings as a Means of Alternative Dispute Resolution

Mediation in Bankruptcy Proceedings as a Means of Alternative Dispute Resolution

What Is Mediation in the Context of a Bankruptcy Proceeding? Mediation is the process used in bankruptcy cases to help resolve disputes between parties in a less formal and less adversarial manner, than through traditional litigation. During mediation in bankruptcy, a neutral third-party mediator facilitates communication between the parties involved and helps them reach a […]
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Advantages of Mediating a Charge of Discrimination with the EEOC

Advantages of Mediating a Charge of Discrimination with the EEOC

After an employee files a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”), mediation may be the next step for the employee and employer in seeking a resolution to their dispute. While mediation is sometimes required by an employment contract, the employee and the employer can also voluntarily agree to mediate their dispute. […]
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real estate

Pre Suit mediation residential real estate contracts

Do you have a dispute with a Buyer or Seller of real property in Florida? Pre-suit mediation may be your next step. In FAR/BAR Residential Sale and Purchase Contracts, there are terms and conditions that provide the obligations of the Buyer and Seller.  If you find yourself thinking: “The other side is not complying with […]
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Noncompete Agreements for Remote Workers

Noncompete Agreements for Remote Workers

Enforceability of Noncompete Agreements in a Remote Workforce Today, many businesses are shifting their workforce from in-office positions to remote work. These remote positions have opened the door, and state lines, to hiring employees who reside outside of the state where the employer typically conducts business. As with traditional in-office positions, businesses frequently require the […]
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