201706.09
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FAQ: What is a Breach of Contract?

When a party to a contract “breaches” it, something that was supposed to happen didn’t. It’s basically a broken promise. The construction contractor building your home didn’t complete it on time or substituted materials you specifically rejected. Maybe you didn’t pay the amount you agreed upon. In an investment dispute, perhaps your financial advisor bought or sold stocks…

201706.05
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Seven Reasons to Pay People Who Perform Services for Your FOR-Profit Business

Some of my favorite leaders encourage people to volunteer their services when they are seeking a career change. There are still plenty of businesses that post unpaid internship positions that also fail to provide educational credit for the intern. These seem like great opportunities for the workers to build skills and experience they can list on…

201705.12
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FAQ: What Goals Can Be Achieved Through Mediation?

There are a number of goals that can be achieved through mediation. Yet some of the most common ones that parties have when they seek mediation to resolve their disputes are: Facilitated discussion that leads to more complete understanding of the true issues Avoidance of stalemates or other losses of working relationships Avoidance of litigation and…

201704.24
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Why I Don’t Like the Freelance Isn’t Free Act

On 05/15/17, the Freelance Isn’t Free Act (“FIFA”) takes effect in New York City, intending to give freelance workers additional protections from non-paying clients. This is a well-intended act that is based on misunderstandings and misinformation about who is a small business owner and what their duties are. Of course, I want to see freelancers, self-employed people,…

201704.17
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How You Might Accidentally Hire an Undocumented Employee

Many of us consider ourselves law-abiding citizens. We pay our income taxes, comply with numerous regulations, purchase mandatory insurance policies, and refrain from stealing, killing, and cheating. We register our cars and our guns, and we only use legal substances when we want to experience intoxication. Admittedly, we occasionally drive faster than the speed limit or jaywalk, but…

201704.07
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FAQ: Can I Choose a Mediator with Industry Experience?

Of Course! Mediation is all about the parties having a choice and the power they need to create their own resolutions. There are some disputes that involve complex issues, such as patents or engineering, and you might have greater confidence in a mediator who knows the lingo. In ethnic or religious conflicts, the parties might…

201704.03
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Types of People Who Might Prefer Mediation to Litigation

One website reports that the average number of federal tort, or injury, lawsuits filed each year in the United States is 512,000. From there, you can probably estimate that a large number of tort lawsuits are filed in state courts, too, since most motor vehicle accident, slip-and-fall, and property damage cases are filed in the…