A California Tort Attorney Can Help Your STD Claim

How Is California Tort Law Special?

California’s sex tort law is unique in the following ways: the tort action can be successful if the defendant knew or should have known that they had herpes and still engaged in unprotected sex then they can be liable. It is not illegal for a person to keep their sexual activity private, regardless if it’s high-risk or not and regardless of if it’s their spouse they are hiding the information from.

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2 Things You Must Know About Condemnation and Eminent Domain

The Difference Between Eminent Domain and Condemnation 

Eminent domain gives the government the power to take a private property, including its title, for public use. When the government exercises its right, they are utilizing the legal process called condemnation. The US Constitution (5th Amendment) and state law require the government to issue fair compensation. Both parties must agree, or the condemnation begins, and a court will decide. 

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Why Ignoring a Mergers and Acquisitions Strategy Will Cost You Time and Sales

M&A Strategies Are A Key Method Of Efficiently Growing A Business:

One of the most effective strategies utilized in the business world today is the strategy of acquisitions and mergers. Under the right circumstances, this strategy can prove to be ideal to upgrade access to markets at the same time as gaining the benefit of removing excess from the act of consolidation. These strategies fall under the banner of M&A and they are often utilized across international borders in today’s global marketplace.

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Your Key To Success: Real Estate Entitlement & Development

California can be a challenging state when it comes to developing real estate projects. It has some of the most stringent regulations in the nation, and these are constantly evolving to include even more obstacles to understand and overcome. Having legal counsel with the ability and experience to collaborate with applicable government agencies and navigate California’s daunting regulatory system is an invaluable asset for any land developer.

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3 Questions To Immediately Answer If You Have To Take Your Case to Probate

When building cases, there are many things to take into consideration. There are many factors which could make the case either very simple or extremely complicated. 

The Probate Attorney 

As Palm Springs probate attorneys, we work on cases where a person is deceased and there are then others involved that we must discuss the distributions of assets with. As such, we must get to the bottom of each case and figure out the best solution.

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What is Mediation in California Law Terms?

Sometimes once a lawsuit is filed, the court will order mediation to take place. This is usually done at the scheduling conference after discovery concludes and before the pre-trial begins. The timing of mediation is important as it is only successful if both the defense and claimant have all information available. Mediation is generally the last step before a case moves to pre-trial, and as such, it is a good idea to have representation in place from our Palm Springs mediation attorneys if you wish to avoid a trial. 

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How to Proceed with Creditor Claims in Probate Law

Creditor claims in California are a detailed and intricate part of probate law. If you fail to comply exactly as the rules state, you will lose any claim against the estate. 

What is a Creditor Claim? 

A creditor claim is any type of demand for a payment. It means if anyone owes you money and then that individual dies, you have to file a creditor claim. Creditor claims are for liabilities and debts incurred by the individual that died. It’s required to be filed in a probate court. It must also be served by a specific time to the representative of the decedent’s estate.

What is the Claims Procedure? 

The creditors claim procedure can be invoked by filing notices in the newspaper. A notice can also be mailed to the creditor. There are different time stipulations for each regarding how long creditors have to file a claim. If any of these claims are not filed correctly with the trustee, the creditor may lose rights to the claim. 

How is the Claim Approved? 

After a claim is filed, the trustee has 30 days to deny or approve this particular claim. If the claim is denied, it’s necessary to act quickly if the creditor wants to file a lawsuit. Because of how complicated filing claims and understanding all aspects of the law can be, it’s crucial to have a lawyer. Our Coachella Valley probate attorney can help when it’s time to file a creditor claim.

Have an STD? Is it Your Duty to Disclose?

Do you have an STD? If so, are you wondering if you are legally required to disclose it to your partners? If you live in California, the answer is yes. The law according to California Health and Safety Code 120290 says that knowing you have an infectious or communicable disease means you would be found guilty of intentional transmission if specific actions apply.

These are:

1) If you already know you, or a 3rd party, have an infectious or communicable disease
2) You specifically intend to give the disease to the other person
3) You act in a way that imposes risk of transmitting the disease to the other person
4) You transmit the disease to the other person
5) You expose the disease to the other person who does not know you have the disease

What constitutes negligence?

In order to have this law applied to you, one thing that can be held against you is negligence. This could include neglecting to use a condom, refusing to be diagnosed and treated, not informing a partner, and not practicing abstinence when you know you may be infected.

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Deciding Whether To Have An Asset Sale Or Stock Sale

The decision to structure the sale of a business as an asset or a stock is difficult because the buyer benefits from assets and the seller benefits from stock sales. All business transactions are individual and should be discussed with the respective legal and financial parties involved.

What’s Involved In An Asset Sale? 

An asset sale involves a buyer purchasing individual assets and the liabilities that go along with them while a stock sale is a buyer purchasing a piece of an owner’s corporation. The main concerns when dealing with business transactions are the tax implications and any potential liabilities. 

Is A Stock Sale Possible? 

A stock sale is not possible if a business is a sole proprietorship, partnership, or a limited liability company. Simply because these business structures do not have stock. The owners of these businesses can sell their interests. If the business is incorporated, the buyer and seller have to agree on if they should do an asset sale or stock sale. 

What’s Gained In An Asset Sale? 

With an asset sale, the buyer gets the company assets, such as all equipment, licenses, leaseholds, trade secrets and names, phone numbers, and inventory. No cash is involved, and the long-term debt remains with the seller. This is called a cash-free, debt-free sale. Net working capital is also included, which is simply accounts receivable, payables, prepaid and accrued expenses. 

What’s Gained In A Stock Sale? 

With a stock sale, the stock is purchased directly, and the buyer is the new legal owner. Any unwanted assets and liabilities will be resolved prior to the sale. Stock sales are different from asset sales because the assets don’t have to be listed as individual since each asset is already within the corporation. 

What Is More Common Asset Sales Or Stock Sales? 

According to Pratt’s Stats database, almost half of all business transactions are stock sales. Of course, this generalization varies by company size. The larger the company, the more likely it is to have stock sales. If you need help deciding whether to sell as an asset or stock you can always reach out to our experienced Coachella Valley mergers and acquisitions attorneys.

Things To Know About A Durable Financial Power Of Attorney

A Financial Power of Attorney is a person who is able to make financial decisions for you if you become incapacitated and unable to make decisions on your own behalf. The power is given by producing a legalized document that shows you allow another person to make financial decisions on your behalf. The person you chose to act on your behalf is considered your agent or attorney-in-fact. 

Can I Set Limitations? 

You can set limits for your agent. The thing to consider is what needs to be handled while you’re unable to act on your own. These things can include your personal expenses – monthly and annually, real estate, investments, asset management, benefit collections, insurance, and hiring legal representation. 

If you have a separate medical agent for medical decisions, keep in mind that the financial agent needs to be updated by the medical agent to make decisions smoother.

How Is The Agent Created? 

It is recommended to use the simple form for the state you’re in, or you could schedule a consultation with our Palm Springs trust and estate law firm. We can assist in the entire process, including having the document notarized with appropriate signatures. If real estate is involved, the state may require the agent to place a record on file with the local land and records office. It is also advised to let your bank know who your financial agent is. 

When Does It Start? 

The first thing is to decide is whether or not the power will be durable. If the power of attorney is not durable, and you become incapacitated, then when you can recover, this power is lost and a new agent document would need to be issued.

The document goes into effect as soon as it is signed. If you only want it to go into effect when you are incapacitated then you need a “springing” agent. In this case, you must be certified as incapacitated by a doctor. You can make this type of power of attorney durable also. 

Financial decisions can only be made for you if you are incapacitated. If you want someone to make decisions for you after death, you will need to name them as executor in your will. There are several other ways the financial power of attorney can end, such as divorce, not being able to reach the agent, the court invalidates the document, or you can revoke it personally. It is best to also name alternate agents in the event something happens to an agent.

Are You Set Up to Incorporate Your Business Correctly?

If you plan on growing your business, it’s important to get it incorporated so that it’s officially registered and can have taxes filed properly. To do that, you’ll need to file articles of incorporation, which will give the state the appropriate information on the company. California has their own laws on what you will need to complete the appropriate documents correctly, but generally the following items are what you’ll need.

Your Business Name and Registered Agent

Getting your company incorporated requires having a name usually not already taken, and in some cases, it will have the “Inc.” tacked on the end of it. You also need to explain what your business purpose is, which could be your mission statement, but in some cases the state may want more details. You also need to make sure you have your incorporator’s name listed and the registered agent assisting you with filing. That agent must have a physical address.

Governance And Financial Information

Typically, you will need to have company executives listed on the articles of incorporation, which include members of your board of directors and officers like the CEO and COO. You also need information on how many shares of stock you will be authorizing, what the anticipated market value of those shares will be, and whether you’ll be issuing both common and preferred shares. You don’t necessarily have to disclose the actual sale price of the shares.

Getting the articles of incorporation prepared should be done in the presence of an attorney to ensure you file correctly. If you’re ready to get your company incorporated in California, you should visit our Palm Springs corporate law firm as soon as possible.

Steps to Winning the Appeals Process

Losing your court case is not the end. If you feel the outcome was wrong or you want to protect a favorable ruling, getting a consultation with an established law firm can help handle the appellate process. SBEMP has experienced Palm Springs civil appeals attorneys who efficiently handle appellate law. 

The First Steps of the Process: 

  • After the decision, your lawyer files a notice of appeal.
  • A complete examination of all related documents to the court ruling will uncover any flaws to exploit in your case.
  • After this examination, your attorney will formulate a forward-thinking strategy and draft compelling appellate papers. 
    An appellate brief is drafted, then submitted to the court.
  • Your case is then heard in front of a panel of judges. 

Strategy Execution: 

Our skilled attorneys will use all the tools available to make a compelling argument for your case. This may include interlocutory appeals, or writs, to enhance your position during the trial process. 

The strength of the case in the appellate process depends on clear and validated facts. The Information must be written in a concise manner, backed by thorough research. The SBEMP attorneys then construct expert written and oral arguments. 

Recognizing how lives are impacted with appeals is of utmost importance. The attorneys of SBEMP have harnessed a thorough understanding of federal and state appellate court in California.

Our Palm Springs civil appeals attorneys are an invaluable resource. Contact our law offices to discuss your case with one of our experienced attorneys.

Tribal Land: Land In Trust

What Is Tribal Land in Trust?

Tribal land is land in trust given to the Native Americans by the American Government under the Indian Reorganization Act. This act gives land to the American Indians under the trust of the government to preserve and improve natural resources of the tribal reservations, and land that is owned by Native Americans. The Department of The Interior has since returned over 9 million acres of land back to Indians and Indian Reservations.

Better Way of Living for Native Americans

These reorganizations are meant to make the quality of life better and more resourceful for generations to come. 90% of Indian Reservation land was lost in 1887 under the Dawes Act, so being given back even 10% of the land lost and being given the land for improvements and better ways of living for the American Indians is a positive and progressive step.

Limits to How Land Is Used

Under these laws, the American Indians are self-governing and therefore not subject to state law. There are, however, limitations to how the land may be used and many motions regarding tribal law that go forward must be approved beforehand.

The Indians who reside on Native American land can either own their dwelling spaces through an allotment or they can be given their dwelling spaces by the tribal authorities.

Free to Trust Application

Should a tribal member desire to own an allotment on or off of a reservation, there is a “free to trust” application that has to be completed. An attorney can guide these tribal members through the process. These applications require an understanding of Tribal Law can require consultation with our experienced Palm Springs tribal attorneys.

Most Employers Can Require Arbitration Agreements As A Condition Of Employment

In a victory for American employers, the United States Supreme Court has just ruled that class action waivers in arbitration agreements required as a condition of employment do not violate the National Labor Relations Act, the 1930s law that applies to all base level employees, even absent a union.

Most private California employers will now be able to require as a condition of employment that employees agree in advance to arbitrate employment disputes. A well-crafted arbitration agreement developed with the help of experienced employment counsel familiar with this case presents the possibility of reducing the time, expense, disruption to your business, and potential negative publicity of litigating class action employment disputes in court. As well, it eliminates exposure to a runaway jury verdict.

The case is Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc.

JULY 1: NEW NATIONAL ORIGIN REGULATIONS

REMINDER: California has approved new regulations addressing national origin protections for applicants and employees, including individuals who are undocumented. Even though California already has strict rules prohibiting harassment and discrimination based on protected classes, including national origin, California has approved new regulations which expand on those rules. These new regulations also reiterate the Fair Employment and Housing Act’s prohibitions against harassment and retaliation based on national origin.

Should you have any questions regarding the new regulations, contact the Employment and Labor attorneys at SBEMP.

NEW RULES SET FOR DETERMINING
EMPLOYEE VERSUS CONTRACTOR

In a decision likely to make it much harder for businesses to classify workers as contractors, the California Supreme Court has set aside a multi-factor standard California courts used for 30 years to determine whether a worker was an independent contractor or an employee under California’s various Wage Orders.

The Court ruled on April 30th in Dynamex Operations West v. Superior Court of Los Angeles County that from now on businesses must use a three-factor, or ABC, test when making that determination. The test presumes the worker is an employee and not an independent contractor unless each of three conditions is satisfied.

For additional information, contact our office or continue reading on SBEMP Facebook Page.

Employment & Labor Law Attorneys of SBEMP

thomas_s_slovak lena_d_wade vee_b_sotelo
 Thomas S. Slovak  Lena D. Wade   Vee B. Sotelo

SBEMP’S Labor and Employment Department is comprised of attorneys with decades of experience in a broad range of labor and employment matters from day-to-day counseling to labor negotiations and litigation. Our team is prepared to guide our clients through the complex myriad of employment laws affecting California employers. We assist our clients with day-to-day personnel management issues, such as drafting employment policies, managing leaves of absence, identifying potential problems in hiring and firing practices, and ensuring wage and hour compliance. Our attorneys are also experienced litigators who regularly represent clients in all types of employment litigation, including defending wage and hour class actions as well as lawsuits alleging discrimination, harassment, and retaliation. Additionally, we regularly represent clients in administrative proceedings, such as Labor Commissioner claims, CalOSHA citations, DFEH and EEOC investigations, and DLSE complaints. Our labor and employment practice is also prepared to assist clients with labor negotiations and disputes. Our labor attorneys are experienced in negotiating labor agreements as well as representing clients before the NLRB.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Issues In Proving STI Tort Cases

When considering taking legal action after contracting a STI, there are many things to think about. Talking to a legal professional helps to sort through your options on how to move forward. Sometimes these cases are not easy to prove, but with the help of an experienced lawyer, you can have peace of mind knowing if you have a case and how to claim for compensation.

Issues with STI Cases

Contacting one of our experienced Palm Springs sex torts lawyers helps you know if you have a case or not. STI cases are hard to prove because the defendant may not even know they have a STI. Our lawyers would also need to gather evidence to prove that they knew they had it and failed to disclose it or denied they had it to you, the plaintiff. We also must prove that this is the person who transmitted it to you. 

One Way We Can Prove An Existing STI

Proving these allegations can be difficult. When HSV-1/HV-2 is involved, the infected person may not be aware that they transmitted the disease. A person may know they have a STI and have symptoms or been treated. Proving that you, the plaintiff, was disease free before the sexual relationship began can also be hard to prove. A lab test can be good evidence as well as witnesses from previous relationships. Without that, it can be one person’s word against another. 

Damages in Sex Tort Cases

Damages in sex tort cases are comprised of physical and psychological damages. Our experienced Palm Springs sex torts litigation lawyers are aware that sex tort lawsuits can be very intrusive. A person’s privacy can be infringed upon. A person’s background, medical history and sexual history will be investigated. All claims must be filed in a timely manner according to the statute of limitations. 

If you feel you have been infected by someone who knew they were infected, it is essential that you contact our Palm Springs sex torts litigation lawyers as quickly as possible. An attorney will meet with you and review your legal rights.

Facts about Herpes HSV-1 and HSV-2 and Next Steps

Two viruses, herpes simplex 1 (HSV-1) and herpes simplex 2 (HSV-2), can cause genital herpes infection. Although similar, they are not the same. HSV-1 is the most common cause of oral herpes otherwise known as cold sores. HSV-2 is sexually transmitted, otherwise known as genital herpes. Herpes can remain dormant for a long period of time. Even where there are no symptoms, the infected person is still contagious. 

Symptoms of Herpes Simplex 1 and 2

Symptoms of both herpes 1 and 2 are similar where sores, or blisters, filled with fluid appear. Once the fluid is absorbed, the sore scabs over. The infected person is still contagious. HSV-2 results in sores on the genitals, vulva, vagina, anus. It spreads during oral, vaginal or anal sex. 

Risk of Getting Genital Herpes

Risk of contracting genital herpes can be minimized by being in a long term monogamous relationship with a non-infected partner. Using a condom also helps, but it is not always 100% effective. Herpes can be given from parts of the body that the condom does not cover. There is no cure for herpes. There are medications that can prevent, or shorten, outbreaks. 

Next Steps If You’ve Contracted Herpes Unknowingly From A Partner

If you contract herpes from another person, that person may or may not know they have it. 70% of HSV infections are spread unknowingly. No outbreak is visible.

You may want to contact our experienced Palm Springs sex torts attorneys to find out if you are entitled to compensation. Know your legal rights. Don’t wait since there is a statute of limitations to file a law suit. Call now for an appointment.

Writing Good Contracts Protects Your Business From Risk

What Is A Good Contract? 

A perfectly prepared contract covers many details, both minor and major. A contract is more than a list of these details, but also includes the business processes and decisions. It is important that you document your processes to the respective transaction.

What Are The Risks Of A Poorly Written Contract 

An improperly created contract can make your company vulnerable in the event of an upset client or could also mess up your relationship with vendors. The more potential vulnerability there is, the more of a priority it is to consult an attorney to help with your contract. 

What Can Make Your Contracts Better? 

An attorney can advise you on contract issues, or even create a good contract system for you. They can provide updated contracts and policies that will be practical and help you get the necessary signatures. Their work will help your business negotiations with organization, and they can assist with awareness of any potential risk probabilities. 

Where To Find Knowledgeable Legal Advice? 

SBEMP has attorneys that are experienced in various types of contracts. They have been doing this type of work in the Palm Springs area with clients from various business industries. They understand how to use contracts, clauses, procedures, and systems to reach an end of profit and build relationships between businesses. Whether you need a review, draft, consultation, audit, training, or something custom created, contact SBEMP’s Palm Springs corporate law firm for a low risk, uniform contract system.

Understanding the Employment Litigation Process

Understanding Employment Litigation

When it comes to employment litigation, it is not always about whether the employer feels the employee has been treated fairly. The employers’ view of fairness can be very different from the employee or the law. Most employers are caught off guard in litigation by an employee they thought was treated correctly. When this happens, it is important for the employer to fully understand the complex process of employment litigation to try and avoid trial or keep losses to a minimum. The article below will discuss the common steps in the litigation process.

Regulatory Agency Review

Most employment litigation will begin in either the Equal Employment Opportunity Commission(EEOC), Employment Security Commission(ESC) or the Department of Labor(DOL). During this phase investigators or attorneys work to build a case for the employee. 

Filing Complaint

If an agency or the employee decides to file a lawsuit, usually it must be done within a short-specified time frame, often in as little as 90 days. Once served by the employee, the employer must decide how to respond.

Interrogatories

This step is when both sides present the opportunity to ask each other questions to expose what each side knows in relation to the case. 

Mandatory Mediation

This stage involves a mediator that attempts to settle the suit prior to avoid trial.

Summary Judgment

This is the last step before trial where either side attempts to persuade the judge on why the case shouldn’t go to trial.

The employment litigation process is very complex and should be handled by professionals that understand these cases. If you are an employer facing litigation, don’t hesitate to contact our Palm Springs employment law attorney today.

California Regulatory Compliance Counseling on Environmental Laws

The Sustainable Groundwater Management Act

Governor Jerry Brown of California signed the Sustainable Groundwater Management Act (SGMA) on September 16, 2014. This is a combined bill comprised of three legislative bills. Senate Bill SB1168, (Pavley)Assembly Bill AB 1739 (Dickenson) and Senate Bill SV1319 (Pavley)

Understanding the Dilemma of Water in California

Prompted by a drought, which is common in California, this legislation helps in the regulation and management of underground water throughout California. Under this act, medium and high priority basins are regulated as to the amount of pumping that is allowed. Ground water is critically important as a reserve due to the frequent droughts in the state of California. When surface water gets used up, ground water is called upon. The Sustainable Groundwater Management Act requires agencies of medium and high basins to be in compliance by 2042.

The Groundwater Sustainability Agencies

Local agencies form Groundwater Sustainability Agencies (GSA) to manage their groundwater basins. As infrastructure is vital, overuse of groundwater from Aquifer systems can cause land problems with wells, buildings, and roads. Also, seawater intrusion is an important issue in California’s coastal groundwater basins. Interconnected surface water depletion usually results during droughts. Adequate groundwater is essential to keep water flow even and constant.

Let SBEMP Help You Become Fluid In Procedures Concerning the SGMA and GSA

Our experienced Palm Springs environmental attorneys are essential in helping local agencies navigate the law and understand requirements of these laws. The laws are complex, and our attorneys are well versed in transnational practice, as well as counseling on issues effecting real property. These include underground oil tank remediation, proper asbestos removal and removal of contaminated soil and of course when dealing with groundwater.

Our Palm Springs environmental attorneys can also offer counseling on proper hazardous waste packaging and disposal.

Fight For Your Reputation Against Slander

Filing for a civil lawsuit isn’t always a one-size-fits-all procedure and can vary across different states. The person that has suffered from slander has the right to file for a law suit, allowing the defendant to retract his/her statement. Filing for slander and winning a suit can only yield compensation and possibly a public apology. Corporations greatly value their brand and/or positive image.

SBEMP Fights For Your Reputation

It can be difficult when your reputation has been smeared from false statements made to intentionally damage your reputation and image. Because of this, SBEMP and our attorneys have successfully represented those who are falsely accused.

Slander can either be in form of slander or slander per se with the former having an additional person that has been a victim of libel to testify against the defendant. Victims can also file for special damages that are monetary.

In California, alleged victims can sue without pushing for special damages. We understand how a lawsuit can become libel if the defendant pleads not guilty to some previous suit, then smears the character of the person and many other variables that lead to civil suits regarding libel.

Let SBEMP Protect You In Civil Suits

We want to stop the trend of clients being smeared by statements either orally or otherwise. Our firm will assign an excellently skilled Palm Springs civil litigation lawyers with a background of experience in this field to help consult you on the steps to take. Using the evidence in the face of the opposition, we are confident of finding the best solution to the problem and greatly reducing its impact in your life.

 

Alternative Dispute Resolution: Save Time and Money in Legal Arbitration

The Alternative Dispute Resolution procedure is a more efficient and cost-effective option to the very expensive and often time-consuming process of a drawn out investigation and trial. Alternative dispute resolution (ADR) refers to various legal procedures that assist you in finding solutions to disagreements without a trial. ADR is typically divided into at least four categories: negotiation, mediation, collaborative law, and arbitration. Sometimes a fifth sort, conciliation, is featured; however for our objectives, it may also be considered mediation.

What is Alternative Dispute Resolution?

ADR is a private and solely voluntary course of action wherein an impartial third party assists persons engaged in a legal dispute to resolve issues.

If all parties and their counsel jointly come to an agreement involving an ADR Agreement, the authorized legal counsel will assist them with:

(a) specify the primary matters in dispute
(b) establish a realistic schedule for the conclusion of any necessary discovery
(c) develop confidential and undisclosed impartial case assessments for each party relating to the likely result of the matters in dispute
(d) make informal evaluations regarding the time and expense needed to perform their pretrial activities.

Privacy is Essential in ADR

No party included in the dispute decision may subsequently divulge specifics of the disagreement, the details or outcome of any discussion, mediation, or arbitration without explicit written permission of all participants, except in cases where it is required to enforce or challenge the negotiated agreement or the arbitration award; required by law, or as required for financial and tax reports and/or audits. In the mediation procedure, the mediator assists the participants in determining vital issues , pinpoint disagreements , examine remedies , and negotiate a resolution as an alternative to going through a costly and lengthy trial.

Contact our Palm Springs alternative dispute resolution attorneys to discuss your case and how we can help you.