Courtroom battles can be lengthy and subject a business to lots of undesired publicity. Over the years, many businesses and individuals have decided to resolve their legal disputes using alternative dispute resolution ("ADR") methods such as mediation or arbitration. These methods are much quicker, private, and at times less costly than traditional litigation. In fact, if you were to review many of the contracts that you have entered into over the years, you would discover many businesses require disputes to be resolved using some method of ADR - typically arbitration. This post will cover the basics of arbitration and the impact of choosing arbitration over traditional litigation. For a discussion of mediation, please see our post, “The 411 on Mediation”. What is arbitration? Arbitration is an ADR method in which a neutral person, or a group of persons, selected by the parties renders a decision to settle a dispute after hearing each party’s side of the case and reviewing the evidence. How does arbitration work?
What is the arbitrator's role? The arbitrator is essentially the judge for the arbitration. However, unlike traditional litigation where the parties have little to no choice over which judge they get, the parties usually select the arbitrator. The arbitrator will preside over the proceedings, make rulings on briefs, resolve discovery disputes, settle evidentiary issues, evaluate the evidence presented, and then make a decision. You can choose whether the arbitrator issues a basic standard award, announcing only the outcome of the case, a reasoned award, explaining the arbitrator's reasoning behind the decision in addition to the decision itself, or a detailed award that includes findings of fact and conclusions of law in addition to the decision. Who can serve as an arbitrator? Anyone can serve as an arbitrator provided they have the requisite training or certification required by his or her respective state, country, or industry association. Typically, arbitrators are former judges, lawyers, or a professional with particular knowledge of the facts involved in the case. What are the benefits of arbitration?
What are the risks of arbitration?
Arbitration vs. Mediation The goal of arbitration is for a third party to reach a decision for the parties involved in a case, while the goal of mediation is for the parties to resolve the case themselves. In arbitration, the decision is made entirely by the arbitrator. On the other hand, in mediation the mediator hears each party’s side of the case and then assists the parties in negotiating with the hopes that the parties can reach a settlement. It is possible that parties will participate in a mediation, fail to reach a resolution, and then engage in arbitration regarding the same dispute. Deciding whether to litigate, mediate, or arbitrate can be difficult. There are benefits and risks with all three. If you would like to discuss your legal matter and the various avenues available for resolution, or you are looking for an experienced neutral to serve as either an arbitrator or mediator for your case, please do not hesitate to contact Simmons Rogers, LLC at 404-445-8260 or info@simmonsrogerslaw.com. Simmons Rogers, LLC is pleased to announce that attorney Matthew J. Littlefield has joined the firm. He graduated with honors from the Georgia State University College of Law, where he was an Editor on the Law Review and Vice-President of the Moot Court Board. Mr. Littlefield focuses his practice on general civil litigation, including business law, family law, intellectual property, and personal injury matters. Mr. Littlefield also assists businesses with business formation, copyright and trademark registration, as well as contract negotiations. Mr. Littlefield brings a multiplicity of experience to the firm from a variety of settings. To learn more about Mr. Littlefield and Simmons Rogers, LLC, visit www.simmonsrogerslaw.com. Feel free to share this information with your friends, colleagues, and family. Simmons Rogers, LLC is a civil law firm providing a wide-range of legal services for businesses and individuals. The summer is fast approaching and perhaps you are considering hiring summer interns for your business. Why not? Hiring summer interns is a great business strategy. Summer interns are a great way for your business to increase its recognition in the marketplace, recruit future talent, liven up your workplace, and provide your current employees with an opportunity to gain experience serving as a mentor and a manager. However, there are some legal risks involved with hiring interns. Whether your interns are paid or unpaid, many of the legal risks associated with traditional employees also apply, including, for example, anti-discrimination laws. When it comes to unpaid interns, violating the Fair Labor Standards Act (FLSA) is one of the biggest risks for "for-profit" businesses. Internships at "for-profit" businesses will typically be viewed as employment, unless the internship is deemed exempt by the U.S. Department of Labor. To ensure that your business' internship program is exempt you must make sure the program is properly structured. The 6-point test for determining if an unpaid internship program is exempt from FLSA's requirement to pay interns a minimum wage and overtime, according to the U.S. Department of Labor, is as follows:
In addition to federal laws, your business must also consider what state laws apply to the internship. Check out this list of cases, summarizing internship-related lawsuits filed over the past 3 years. While you cannot prevent lawsuits, you can increase the likelihood of your business winning a lawsuit. So, remember unpaid internships are not meant to be free labor for your business. Before you bring on your interns this summer, make sure you have a formalized internship program that complies with both federal and state laws. Once you have written down the details of your internship program make sure you have them reviewed by both your human resources department and an attorney. As a small child, before the concept of a career was solidified, Makya knew she was destined to use her mind to create things and be her own boss. Taking the liberty to start her own laundry pressing service, complete with her own crayon drawn logos and repurposed dry cleaner packaging, Makya launched her first business. With an entrepreneurial spirit that could not be quenched, Makya has followed her passion and is now the proud owner of three companies. As a student at Florida A&M University, Makya decided to change her major from Architecture to Graphic Design. She also took her first official step into the world of self-employment - creating Mareta Creations in her dorm room. As the company grew, Mareta Creations began to take on more projects, gaining valuable experience and pedigree, but financially the company was struggling. Driven by the love she had for her business and her clients, Makya dedicated the wealth of her time to the projects and far less attention to the business of her business. The cost of doing business began to heavily outweigh the the revenues of the business. As a result, Mareta Creations was forced into a hiatus. Despite the setbacks experienced during her first attempt at entrepreneurism, Makya decided to embrace them and learn from them. With a spirit of perseverance, Mareta Creations was relaunched in 2010. This time Makya decided to hire Attorney Maya Simmons Rogers of Simmons Rogers, LLC, to help her structure her business.
Makya continues to extend the reach of her businesses, utilizing her strong personal network and social media to connect with past, present, and future clients. Mareta Creations’ graphic design services have flourished and grown since the 2010 relaunch. The business now provides corporate design services, fine invitations and photography services for events, families, and pets. In 2013 and 2014, Mareta Creations was selected as one of The Knot's Best of Weddings Vendors. In 2013, after completing her Master's in Graphic Design at George Mason University, Makya launched Graphic Snob, an apparel company for the graphic snob in all of us. Most recently, in 2014, Makya launched Cosmetic Snob, where she sells cosmetic products through her online Amazon Store. Makya credits much of her polished self-presentation and business acumen to her experiences at Florida A&M University where she was able to observe the matriculation of students through the School of Business and Industry and “learn through osmosis”. As she carries Mareta Creations, LLC, the parent company, into the future, Makya keeps an eye for opportunities and professional growth. In the upcoming year, Mareta Creations, LLC will forge ahead with an added focus on corporate and government contracts and looks forward to opening its first physical storefront to showcase its products and projects. Visit www.MaretaCreations.com, www.GraphicSnob.com, and www.amazon.com/shops/cosmeticsnob to learn more about Mareta Creations, LLC's award winning products and services. Mediation is an effective way to resolve any type of dispute; from squabbles between neighbors to large claims worth millions of dollars. Differences that cannot be resolved between the parties can lead to expensive, time consuming, public battles that involve lawyers and courts - unless alternative dispute resolution (ADR) methods, like mediation, are utilized. Mediation is a great way for businesses and individuals to resolve problems. Even after a lawsuit has been initiated, mediation is a practical way of reaching an agreement that could end the lawsuit. As long as the parties involved in the dispute are willing to meet to discuss the issues separating them, it is likely that a mutually agreeable settlement can be reached. What is mediation? Mediation is an opportunity for a mediator to facilitate a mutually acceptable settlement agreement between the parties involved by offering the parties an opportunity to:
What is the role of a mediator? A mediator is a third party neutral that will find points of agreement between the parties and facilitate movement towards a mutually decided upon agreement. A mediator should not dictate the decision, but instead help the parties develop their own resolution. What is the benefit of mediation? Mediation has several benefits that make it more beneficial than arbitration and litigation in certain contexts:
Once the parties agree on dates, mediations can be scheduled quickly. Remember, the advantages of mediation over litigation include privacy, reduced legal fees, control over the outcome, control of the process, a chance to salvage relationships, and control of your most important asset - your time. Simmons Rogers, LLC provides mediation services throughout Georgia, in all 50 states, and internationally. Contact us to learn more about our services or to schedule your mediation. Online scheduling is also available. Now that everyone has had time to see the movie, Best Man Holiday, and the risk of spoiling the plot for almost everyone has passed, we wanted to take the time to highlight one of the many life lessons from the movie...planning for your death makes things easier for your friends and family. In the movie, Mia (played by Monica Calhoun), invites the entire gang to her home for Christmas. While everyone initially believes it is just a wonderful chance to get together, they soon realize that the gathering has a deeper purpose. Mia is losing her battle against cancer. She wants to spend time with everyone and help them repair their damaged relationships. While the movie is undoubtably sad, the beauty of the situation is that Mia was able to spend her last days with the ones she loved. Mia's ability to deal with the realities of life, even when her husband Lance (played by Morris Chestnut) could not, allowed Mia to be able to plan for her last days and the days that followed. It appears that Mia had her funeral all planned out, including her request that Harper (played by Taye Diggs) do her eulogy. Often times movies are unrealistic, but this scenario is not. You can be like Mia. Everyone has the opportunity to plan for their demise and ease the burden on their grieving family and friends. The best way to do this is to (1) make sure you have your estate planning documents prepared by a qualified professional and (2) ensure the documents are located in a central place that at least one person is aware of. You are never too young and never to healthy to plan for death. Do not wait until it's too late. Remember, estate planning is not just for you. It helps your loved ones understand your wishes and it lets you speak when you are no longer here. If you would like to discuss your estate planning needs contact Simmons Rogers, LLC. We are here to help. Happy Thanksgiving and safe travels! FOR IMMEDIATE RELEASE Atlanta‚ Georgia − 11/05/2013 − After much prayer and preparation, it is a pleasure to announce that Simmons Rogers, LLC is open for business. Simmons Rogers, LLC is a full service civil law firm based in Atlanta, Georgia serving clients throughout Georgia and beyond. Based at 3350 Riverwood Parkway SE, Suite 1900, Atlanta, Georgia, 30339, Simmons Rogers is conveniently located near I-285, 1-75, and Cobb Parkway. Simmons Rogers, LLC specializes in providing skilled and knowledgeable legal services in the following areas:
Feel free to share this information with your friends, colleagues, and family; and if we can ever be of service do not hesitate to contact us.
Simmons Rogers, LLC, a civil law firm for discerning clients, was founded in 2013 by Maya Simmons Rogers. Simmons Rogers, LLC provides a wide-range of legal services for businesses and individuals. For more information about our firm or to schedule a consultation, please contact us at info@simmonsrogerslaw.com or 404-445-8146. |
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This blog is not intended to be a complete explanation of the law. Its purpose is to inform, not to advise on any specific legal problem or legal rights. If you have specific questions regarding any topic in this blog, you are encouraged to consult the Atlanta based law firm of Simmons Rogers, LLC or an attorney licensed in your
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