General Article

How Can a Mediator Help in Estate Disputes?

The estate process can be a thorny issue for heirs, beneficiaries, executors, personal representatives and others involved. Mediation can help resolve disputes, avoiding costly and lengthy litigation in probate or civil courts.

Estate and trust practitioners should understand the benefits of mediation when disputes first emerge – before they can eat away at relationships and erode family wealth. This can save time and money and improve the quality of dispute resolution for everyone involved.

The Mediator Is A Neutral Party.

Mediators are idealistic, compassionate, empathetic people who feel called to help others. They are also creative and innovative, often working to find solutions to problems that may have never occurred. Mediation is a voluntary process that can be used to resolve many disputes, including those involving estates. It is often more affordable, less formal, and easier to negotiate than litigation. A mediator acts as a neutral party and tries to help the parties reach an agreement. This can be a settlement or an evaluative evaluation of the dispute. During the mediation process, the parties have an opportunity to discuss their disagreements in private. While they have this discussion, they can also explore underlying issues at the heart of their dispute. This can result in a resolution that is mutually beneficial to both sides.

The Mediator Is Not A Lawyer.

The mediator is a trained and impartial professional who helps parties resolve their disputes without going to court. They can help you find common ground, assess your case’s strengths and weaknesses, offer creative solutions, and assist you with drafting a settlement agreement. Mediation is an alternative dispute resolution process that is becoming increasingly popular for resolving various disputes related to estates. It’s less expensive than litigation and often a better dispute resolution. Many of the most difficult and costly estate dispute Palm Springs, CA, is among family members – will contests, renunciations of a will by a surviving spouse, or trust interpretation cases. When these disputes are resolved more productively, they preserve relationships. In Canada, codes of conduct for mediators are set by three distinct professional organizations. They also maintain a list of approved individuals to serve as mediators.

The Mediator Is Not A Judge.

In mediation, a neutral third party helps dispute parties calmly discuss their concerns and resolve them. Mediation is often used to resolve workplace disputes, family conflicts, and even school lunchroom fights.

Many people who have disputes about their estates turn to mediation because it allows them to solve their problems without taking sides and assigning blame or creating a situation where one or more parties feel hurt. It also costs much less than a trial and eliminates the chance of losing your case in court. Mediation is usually private and confidential. Anything discussed during the session cannot be used in a subsequent court case unless a party sues the mediator for misrepresentation or breach of confidentiality.

The Mediator Is Not An Expert.

Often, mediators have retired probate judges or attorneys. However, they do not have to be estate planning or family law expert. In the mediation process, parties present their case to the mediator. They also provide documents that are relevant to the matter. A skilled mediator can sift through these documents and analyze each party’s facts, emotions, individual interests, and needs. This can help parties identify issues and develop solutions they agree upon. Mediation is a cost-effective and less formal alternative to litigation. Typically, it can achieve results more quickly than litigation. Many attorneys encourage their clients to consider mediation. It is an excellent opportunity to explore various options and reach a resolution that meets all parties’ goals.

Criminal Attorney Guide

Criminal Attorney Guide

Las Vegas is known as America’s playground. Millions of Americans come to Las Vegas every year to enjoy the casinos, the nightlife and all the glamor and excitement this vibrant city has to offer. Sometimes, however, things go wrong. If you or someone you know has been arrested or faces arrest in LV, Nevada, you need to get a good Las Vegas Criminal Attorney fast.

If it is your first time having to face the law on criminal charges, you will not know what to do. Innocent or guilty, you have the constitutional right to the attorney of your choice. Because of the vital importance of your situation, it is equally importance to obtain the services of an experienced, local attorney.

Any lawyer will tell you that local knowledge and connections are important. Your criminal defense attorney must be able to act fast on your behalf. For this reason, you are better off contacting a Las Vegas, Nevada Criminal Attorney first. If you have legal counsel elsewhere, they can be contacted later, if necessary.

Whatever the severity of the charges, although you are legally entitled to defend yourself or have a court appointed attorney act on your behalf, either of these options can have devastating results. Get a qualified, local attorney to help you and you stand the best chance of getting a favorable result.

A good criminal lawyer will have experience with a large spectrum of criminal charges. In Las Vegas, they often represent a unique type of client – the client who has been charged with attempting to defraud a casino. The casinos take these charges very seriously and will attempt to have even minor cases of fraud prosecuted to the full extent of the law.

Las Vegas is also a place of heightened emotions, both good and bad. If you or someone you know has been arrested for assault or assault and battery, you will need the services of a LV criminal attorney. The first thing he will do for you is post your bail. After that, he will be at your side every step of the way, to ensure that you get the best defense available.

In the State of Nevada, even a first offense can incur a stiff penalty. Your first offense could earn you up to six months in Clark County Detention Center if you are convicted. You will also face fines and court costs and be obligated to perform up to 120 hours of community service. Your defence lawyer will do everything in his power to have your case dismissed. If that is not possible, he will argue for the lowest term of incarceration he can possibly get for you.

A competent Las Vegas Criminal Attorney will have experience in criminal law ranging from traffic violations to the most serious accusations of violence. He made a pledge from the time he got his license to practice law to defend his clients to the full extent of the law. Your best defense is his only concern. If you or someone you know has gotten into trouble with the law in Las Vegas, the first thing you should do is contact a criminal attorney. Remember, it is your right as a citizen. Exercise that right and know that your case is in good hands.…

Drug Recognition Expert

Drug Recognition Expert

While most people are familiar with Standardized Field Sobriety Testing, most are unaware of the testing conducted by officers who have been trained as Drug Recognition Experts (DRE). Drug Recognition Experts obtain their certification through the International Association of Chiefs of Police.

As part of the training process, all officers must first be certified in the National Highway Traffic Safety Administrations standardized field sobriety tests. After being certified in this training, officers attend a two-day (16-hour) preschool which is considered phase one. Part of this preschool is teaching officers a true definition of the term “drug” for purposes of the Drug Evaluation and Classification Program. Officers are also tasked with the responsibility of becoming familiar with the techniques of drug evaluation.

The second phase of training consists of a seven-day (56-hour) classroom program. During this portion of training, officers learn the techniques of the drug evaluation examination, the effects of drugs on the physiology of an individual, and the legal concerns.

The third and final phase of training consists of sixty to ninety days of field observations by a certified instructor. During this phase officers test individual who are suspected of being impaired by drugs other than alcohol. An officer must complete twelve evaluations prior to becoming certified.

There are 12 steps in the Drug Evaluation Process. These steps are listed below:

1) Breath Alcohol Test: A breath test is performed to determine the concentration of alcohol if any in the tested individual.

2) Interview of Arresting Officer: The Drug Recognition Expert will consult with the arresting officer to determine the events, which lead to the arrest of the test subject.

3) Preliminary Examination: The Drug Recognition Expert will question the subject about any physical or medical limitations.

4) Eye Examination: Eyes are examined for equal pupils, equal tracking, and lack of smooth pursuit. This test is referred to as the Horizontal Gaze Nystagmus test.

5) Divided Attention Tests: Two commonly associated tests are the Walk and Turn and One Leg Stand tests.

6) Examination of Vital Signs: Officer will check pulse, body temperature, and blood pressure.

7) Dark Room Examinations: This is an examination in total darkness, under direct light, and in normal room light. The officer looks at the pupil sizes under each lighting condition.

8) Examination of Muscle Tone: Flexion and Extension of the muscles are tested for rigidity, or flaccidity of the muscles.

9) Examination of Injection Sites: This is done to determine whether the individual is using any injectable substance.

10) Suspects Statements/Other Observations: The individual is questioned about the signs and symptoms that have exhibited.

11) Opinion of the Evaluator: The officer makes a determination based on the observed symptoms of which drugs an individual is under the influence.

12) The Toxicological Examination: Blood, saliva or urine is obtained to determine what classes of substances are present within the individual.

There are several problems with the drug evaluation process. In this article I will only mention two. The first is the fact that the Drug Recognition Expert discusses any observed issues with the arresting officer. This is the second step and automatically puts the Drug Recognition Expert in a search and destroy mode. They begin trying to find symptoms instead of merely performing the tests and observing symptoms. The tests should be performed from a neutral viewpoint instead of a tainted one.

The second problem is based on nystagmus. There are a variety of causes of naturally occurring nystagmus. A Drug Recognition Expert is not a qualified ophthalmologist. Drug Recognition Experts simply cannot determine whether nystagmus is caused by drug use or merely a medical condition.

These above listed problems are only two of many. The use of Drug Recognition Experts should not be used to convict a person when there are numerous issues associated with the testing procedure. While officers do undergo training to become Drug Recognition Experts, the manner in which the evaluation process occurs, causes officer to view the process from a biased standpoint. Furthermore, officers simply lack the medical training required to make a determination in regards to the cause of nystagmus.…

Charged With DUI? How to Select the Right Attorney to Fight For You

Charged With DUI? How to Select the Right Attorney to Fight For You

Being charged with DUI or DWI can be unsettling, at the least. You may be feeling regret for making the decision to drive, frustration regarding the experience, uncertainty about what the potential consequences will be, and concern about the expense and time involved in defending yourself. Because the penalties for being charged with driving under the influence can be so severe, it is important to seek legal counsel to advise you about the possible outcomes and what to expect from the legal system in your jurisdiction. The question is, how do you choose the right attorney for you?

One of the best ways to select an attorney can be through word of mouth. Ask your friends and family if they have ever used an attorney before. Chances are that someone you know has worked with someone they know and trust, and can refer you to them. Referrals are a great way to get started and make contact.

However, the attorney you are referred to may NOT focus on DUI cases. Because you want someone who is familiar with the existing law and practices in this area frequently, you should generally choose an attorney who makes DUI a significant part of his or her practice. But, the one you have been referred to will likely be able to refer you to another whose practice is concentrated on DUI. By starting with someone who has been vetted by your friends or family, you may feel more comfortable going to meet with the legal representative he or she recommends.

If you are not able to locate a DUI attorney through your family or friends, there are other ways to find a lawyer who handles your type of case. You can browse the phone book, many law firms will list the sorts of cases they focus on. Another great resource is your state bar; they may be able to direct you to a DUI attorney.

Many attorneys offer low or no-cost initial consultations. This is a great opportunity to explain exactly how the DUI or DWI occurred, obtain some basic information about what you should expect, and ask some preliminary questions. Also, during an initial consultation you can decide whether or not you feel comfortable with the lawyer and will be able to establish a rapport. Because you will be working together to obtain a successful outcome, it is important to engage someone that you feel confident in and can communicate with. Feel free to ask questions about the legal practice, his or her experience in the field of DUI, and what options you may have.

Once you have selected the right attorney for you, be sure to maintain contact and cooperate with him or her as requested. Remember, your attorney will be your advocate in the legal system and will work to achieve a successful resolution to your DUI charge. In order for this to happen, you will need to assist in your own defense when necessary. Be confident in your attorney and maintain a positive attitude, you can successfully navigate this challenge.…

Legal Standards for Probation Defense

Legal Standards for Probation Defense

Unlike an initial offense, the process of dealing with a probation violation uses a different series of legal standards. When a person is first charged with a crime, there are several legal protections provided to each person who goes through the United States criminal justice system, many provided either explicitly or implicitly in the Constitution. However, as probation is generally considered a lighter treatment when prison sentencing is the primary option, an individual may not find these same standards applied after the initial conviction.

When a person first stands trial for their crimes, there is a basic legal principle known as the presumption of innocence that regards all those facing criminal allegations as being innocent unless the accusers can prove guilt. However, if brought before a judge following a probation violation, a person loses this fundamental criminal right, as they have already been proven of their previous crimes. Instead, probation trials often include what is known as a presumption of guilt in which the offender must prove their innocence.

The trial for probation offenses is often referred to as an order to show cause, which is ultimately a trial in which the defendant must explain how they could not have committed the violation in question, or, at least, argue a valid reason for violating the terms of their probation. Considering that many probation trials are held either because of a secondary offense committed by an individual on probation or a failure to appropriately meet with a probation officer, this court order often hinges on the ability to present an alibi that can be corroborated through evidence or reliable witnesses.

In sentencing, there are several similarities to repeat offenders in a regular criminal trial. Previous offenses, the nature of the original offense, and the circumstances of the newest violation are all taken into consideration in sentencing. To learn more about the differences in process that occur in probation trials, contact a criminal lawyer.…

Exploring Different Options for Divorce Mediation

There are many options available for divorce mediation. These include traditional mediation, do-it-yourself divorce, and Collaborative law. This article explores these options and the common issues during the mediation process.

Collaborative Law

If you’ve been thinking about divorce, you may wonder how to get the most out of the process. Collaborative law is one option that can reduce the stress and frustration associated with divorce. The process involves working with a mediator to resolve common divorce issues.

A mediator is a neutral third party who helps the parties to brainstorm and agree on a solution to their problem. There are many options, including divorce coaches, financial experts, and child psychologists.

Mediation can be a great way to break down old communication patterns and develop creative solutions that don’t include a trial in a courtroom. However, mediation has downsides, including the cost of the services.

The parties can go to court if a collaborative law team cannot resolve a disagreement. This is more expensive and requires each party to hire a different lawyer. Some lawyers are skeptical about the benefits of collaborative law, arguing that it blurs the role of attorneys.

Do-it-yourself Divorce

A DIY divorce can be a great way to save money. It can also be a frustrating and complicated process. However, knowing what to expect from the process is essential before you start. If you’re considering DIY divorce, you’ll need to research the legal and financial aspects of the situation.

The first step is to get a divorce lawyer. A good lawyer can help you avoid some of the most common mistakes in a DIY divorce. They’ll be able to protect your rights and help you find hidden assets.

You can also consult a professional to discuss tax and child custody issues. These issues can be complex, and you may need the background to handle them. Your lawyer can provide you with guidance and represent you in court.

You’ll also need to ensure you’re getting all the necessary documentation. This includes your spouse’s financial records, as well as other documents.

Some states allow you to file your paperwork online. This can make the divorce process much faster. But you must ensure you’re filling out the right forms and submitting them to the correct court.

Cost of Divorce Mediation

Divorce mediation is a cost-effective alternative to litigation. It is a process wherein the parties in the divorce work with a mediator who acts as an impartial third party. Mediation is meant to reduce conflict and foster cooperation between the parties. This process also allows the divorcing parties to make decisions about their divorce’s financial aspects without an attorney’s assistance.

Generally, mediation sessions can last one or two hours. While the sessions themselves are free, the expenses associated with the sessions may be expensive.

Several factors affect the cost of divorce mediation. These include the complexity of the case and the level of conflict between the parties. In addition, some independent helpers add to the total costs of mediation.

Some mediators will charge by the hour, while others will charge by the session. The price of mediation will vary depending on the experience and qualifications of the mediator.

A skilled divorce mediator can eliminate the need to return to the court after the divorce. Although the mediation process can be complicated, it is a relatively inexpensive way to handle a divorce.

Common Issues That Arise During a Divorce Mediation Session

When a couple goes to mediation, they try to find an amicable solution to their divorce. Several common issues can arise during the session. These issues may be related to the financial and legal aspects of the divorce. The mediator is a neutral third party who helps the parties work out a settlement that will satisfy both parties.

Mediation is a less expensive option than going through a court proceeding. It also provides greater privacy and flexibility. However, it is essential to remember that mediation is not for everyone. Divorce can be a difficult time for children. This is why it is necessary to take steps to prepare for the process.

Divorce mediation is often faster than court proceedings. Although it can take several sessions to complete, it is usually completed in a fraction of the time.

During the first session, the couple and the mediator will be explained the process. Each session has a specific agenda. Typically, they are scheduled at least a week apart.

Ways That You Can Add Light and Life to Your Living Room

Your living room should serve as one of the rooms in the house that offers comfort and relaxation. As the space where you entertain guests, watch a show or just kick back and put your feet up, you will want a setup that supports those activities. If it is feeling more dingy and uninviting than light and lively, here are a few ways that you can introduce life back into your living room.

Window Treatments

You may be surprised at the difference window treatments can have on the overall feel of a room. If your room is already feeling cramped or dark, you won’t want to add heavy treatments to the room. Instead, opt for solar shades Boston and light and airy treatments to help you give a fresh, open feeling.

Cozy Lighting

As you consider your lighting, be mindful of what types you introduce into the room. While you will want to illuminate the room, avoid unnecessarily harsh lighting or too little light. Consider a light that offers a warm glow and cozy ambiance to help you achieve your desired aesthetic.

Color Palette

Your color palette also has a sizable influence on your room’s atmosphere. While you can opt for bold and darker hues, keep in mind that this can often make a room look colder, smaller and less inviting. You want a balance of vibrant colors with an airy ambiance.

Plants

One easy change that you can make to your living room that will immediately bring life and light into the room is adding plants. Whether you elevate plants with hanging planters, add tableside potted plants or introduce tall plants to the room, you can transform a room with a few plants. Not only is this great for your look and feel, but it also provides fresher air and a homier experience.

Your living room has endless possibilities. Transform it into something stunning, bright and beautiful with one or a few of these changes. You may be shocked at the difference these small changes can make in introducing light and life to the room.…

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