Is Mediation the Right Way to Resolve your Commercial Dispute?

Litigation costs combined with the typical duration it takes for a commercial dispute to arrive at a solution compels parties to opt for more efficient and cost-effective alternatives. Mediation, according to Karen DeSoto, proves to be a viable alternative for commercial dispute resolution. 

What is Mediation? 

In simple words, mediation is a confidential and voluntary process where a neutral third-party or intermediary, chosen by the disputing parties, facilitates a settlement that is agreeable by all. This commercial dispute resolution technique is flexible and confidential, allowing all parties to have complete control over the resolution arrived at. 

Some of the key ground rules that a typical mediation process will follow include – 

• The process is entirely non-binding.

• It is voluntary, and any party has the opportunity to withdraw at any point after the first session has been attended and before the written settlement agreement is executed. 

• The mediator must be impartial and neutral and is in charge of controlling the procedural aspects of the mediation. 

• A business executive will be appointed by each party to represent themselves at the mediation conference. This executive is authorized to negotiate any resolution in the dispute, unless he or she is excused by the mediator. 

• The mediator at no point will transmit information that is received in confidence from either party or third party except when authorized to do so by the party that is sharing the information. 

For businesses looking for a quick and cost-effective commercial resolution, mediation proves to be an effective approach to consider. 

How to Deal with Workplace Sexual Harassment

If you suspect that you are being sexually harassed at work but are not sure how to handle it with the authorities, you are not alone. Here are a few things Karen DeSoto identifies  as things to consider. 

Don’t make the Mistake of Quitting 

It is common for employees to simply quit right after the first incident of harassment occurs. While this is understandable, this means that you may also be giving up your right to harassment claims. If your employer has a policy against this, you must report the incident immediately and give your employer a chance to fix the situation. If you don’t take this step, chances are that you may lose your lawsuit when it comes to it.

Where to Find the Policy? 

Most companies have talk about the policy in the employee handbook, the union contract, written policies or through posters in the lunchroom. Follow the steps as listed and report the incident to the designated individual. If the first person does not help fix the situation, go to the next in command. 

Make sure its Put in Writing 

Even if the policy states that you must call or meet with someone, make sure you have a written record of your complaint. Make note of every advance, comment, inappropriate jokes, texts, emails or any other incident you may have experienced that made you uncomfortable. Make a formal complaint of sexual harassment.

It is common for people to report bullying, harassment or hostile work environments without ever mentioning that it had to do with their gender. While general bully and harassment may not be illegal, the same behaviour for sexual reasons can very much be acted upon. 

During a time of the “me too” movement sexul harrassment is finally no onger being tolerated by companies, and even powerful men in politics, media and entertainment have felt the backlash to inappropriate behavior against women. 

The Trump view on TPS and what is Means for the Hondurans

During the last 20 years, since the 1998 hurricane hit Honduras, the US government has permitted thousands of immigrants from the country to live and work within the US as opposed to forcing them to return to their own country.

What the Trump Administration is planning

While the reprieve hasn’t been ended just yet, the department of Homeland Security, under President Trump’s administration announced that it is unable to arrive at a decision on whether they should extend the Temporary Protected Status (TPS) for the 57,000 Hondurans currently residing in the United States.

What is the TPS?

Attorney and legal analyst Karen DeSoto explains that the TPS program was created during Ronald Reagan’s presidency with an aim to mend the gap in his immigration policy. While the Immigration Reform and Control Act of 1986 was signed, he granted legal status to thousands of undocumented immigrants. However, this act overlooked one group of people – those who entered the country without authorization in 1982 or after.

What Next?

While the decision on the Hondurans is still pending, DHS is terminating protection for 2500 Nicaraguans currently in the US starting January 2019. Assuming that they register with US Citizenship and Immigration Services, the Hondurans get six more months protection while the current administration takes its time to make a decision.

The state department has also recommended that they push El Salvador and Haiti out of the program over the next few months. These four countries put together account for over 300,000 people legally residing in the United States. 

A Peek into Discrimination Legislation and Issues

Discriminatory practices can occur in any facet of employment. Karen DeSoto, a workplace discrimination lawyer says that it is illegal for employers to make any kind of assumption on the basis of gender, race, age and nationality related stereotypes. It is also unlawful for employers to assume that an individual cannot perform his or her job because he or she is disabled.

Discrimination Based on Age

This practice is specifically protected by law. With rare exceptions, employers are forbidden to maintain an age preference in job listings. Also, all employees are expected to receive the same benefits irrespective of their age, except when the cost of providing supplemented benefits to the younger workers is the same as offering reduced benefits to the aging workers.

Discrimination Based on Religion

Employers cannot discriminate onthe basis of religious customs of their existing or potential employees. Businesses in the US are expected to accommodate for the religious beliefs of an employee, provided it does not have an excessive negative effect of the employers.

Discrimination Based on Gender

It is unlawful to pay a different salary to men and women with the same exact responsibilities at work, same qualifications, skill level and position. Businesses are also forbidden to lower the salary of one gender to equalize the pay between both men and women.

In addition to this, discrimination based on pregnancy status, nationality and physical disability is also unlawful in the United States. Creating a hostile work environment that interferes with the performance of the employee is considered unlawful.

How to Prevent Running into Trouble with the US Immigration

Whether you are working in the United States or are simply visiting, the last thing you want to do is run into trouble with the US immigration. Here are a few tips by legal expert and activist Karen DeSoto, that will help you steer clear of trouble while in the US – 

• Remember that the US Citizenship and Immigration service tends to be rather backed up. Planning in advance helps you prevent falling out of your status and making sure that your work permit or immigration status is updated before the authorities get to you. 

• If you already have a green card, it is recommended that you file for a US citizenship as soon as it is legally possible. This will prevent any chances of deportation and also improve chances of security for your immediate family. 

• When arriving into the United States from another country, make sure you are prepared to convince border officials why you serve to retain your entry visa. They have all the power to send you back if they deem you to be a security risk. 

• As a tourist, avoid packing anything that suggests you intend to permanently stay back. Items such as your resume or a wedding dress can all act as a red flag. 

If you intend to get a green card via a family member, check if more than one member is eligible to petition for your visa. For instance, if a brother, spouse or a parent can both file for you, use all the channels possible. This way, if the waiting list under one category gets extremely long, or if a member dies, your other options are in process already. 

Trump’s Travel Ban: What does International Law Say?

Earlier this year, American President Donal Trump signed an Executive Order to protect the nation from foreign terrorists to enter the country.

What does the Ban Include?

The order places a limit on the number of refugees that enter the United States. It bans entry of foreign nationals from seven Muslim majority countries such as Yemen, Syria, Sudan, Somalia, Libya, Iraq and Iran. President Trump cited that the travel ban is in effect to prevent radical Islamic terrorists from entering the nation.

Is this Ban Justified from anInternational Law Perspective?

Karen DeSoto, a human rights activist and legal expert however points out that, not a single national from these seven nations have ever carried out a terrorist attack on US soil.

According to international refugee law experts, the US has operated one of the largest resettlement programs for over four decades, admitting significant number of refugees seeking asylum in their nation. During this span of time, only three Americans lost their lives in attacks conducted by Cuban refugees way back in the 70s. Besides this, there is absolutely no data supporting his claim of terrorist threats through refugees.

This ban is already facing a number of legal challenges in national courts within the US. In addition to this, when this ban is challenged by a UN body or an international court, this ban may collide with International laws.

What does the International Law Say?

The Article 3 of the 1951 Convention Relating to the Status of Refugees disallows discrimination in the application of the convention on the grounds of country of origin, religion or race.

What to Expect when you file a Discrimination Claim at Work

If you wish to file a discrimination claim at work, you may first file your claim at the EEOC and TWC. They will conduct an investigation to legitimize your claims. Human rights attorney Karen DeSoto provides some insights.

• If the investigation determine that there isn’t sufficient evidence for them to take your case, they will issue to you a letter that is essentially a right to sue. This allows you to file your discrimination claim without the help of the EEOC or TWC.

• Remember that you will be allowed to file a suit solely on the basis of the information you originally provided in your charge, so be thorough and have an expert review it.

• If the charge does not provide sufficient information or correct information, chances are that you will be left with an invalid claim or lose a viable claim that could otherwise have improved your chances of compensation.

• Remember that the investigators at EEOC and TWC will assist you in filling out the claim limits. However, they are not lawyers and may not take into account all the factors required for a successful result.

• Employing a lawyer to help you draft your lawsuit is highly recommended.

Having a lawyer represent you is a prudent and realistic approach to a discrimination claim, allowing you to improve your chances of winning the suit.

Why you need an Attorney to fight your Discrimination Case

If you believe that you have been victim to discrimination at work, it is important that you know what your rights are. In addition, depending on how complex the case is, you may need to hire an experienced attorney who is focused on that field of law. Attorney Karen DeSoto offers the following insights.

What is the Scope of an Attorney? 

An employment discrimination attorney will better be able to assess the validity of a claim, and define the strategy to move forward.

● Assess Whether the Employer Discriminated Against You 

For illegal discrimination to take place, the incident(s) need to fall under a category that is protected by the federal or state anti-discrimination laws. Not all categories are obvious and therefore require the expertise of an attorney that understands the subtlety, nuances and interpretations in this area of the law.

● Gather and Present Evidence that Supports your Claim 

Proving the intent of your employer, superiors, coworkers, or anyone who discriminated against you at work can be tricky, especially since most people will not admit their bias. Your attorney will help gather evidence by subpoenaing key documents, taking depositions of witnesses and obtaining the right testimonies to help your case.

● Help Run a Cost-Benefit Analysis 

This is one of the biggest advantages of hiring an attorney. He or she will be able to walk you through the strong and weak points of your case, highlight the expenses and the amount of damages you can actually recover if you win.

Finally, your attorney will be able to layout your options and give you a correct perspective on where you stand in your discrimination case.

Privacy at Work – Does it exist?

As technology progresses at insurmountable rates, it is becoming easier for employers to watch you while you work. If workplace privacy is a concern for you, here are some insights by attorney Karen DeSoto –

Like it or not, Employers Monitor Online Activity 

Studies show that as many as 63% of employers in the US monitor internet connections at the workplace. This means that your employers have access to one or more of the following –
• Your emails
• What you browse on the web
• Your phone calls
• Your computer files
• Video recordings

Companies are also investing in computer software that allows them to monitor stored data on screens of workplace computer terminals. In data entry and word-processing jobs, it is common for employers to pursue keystroke monitoring. This refers to the number of keystrokes an individual makes within an hour.

Why are my Employers Tracking my Activities? 
Workplace terminals are monitored to assess productivity, compliance with company policies, make sure company data remains secure and gather actionable insights.

Furthermore, your social media activities are also probably being tracked by employers to ensure safety of company and client information and to make sure the personal information of other employers is not made public.

Employers also track social media accounts to ensure there is no criticism against employers, customers and subordinates.

Is this Legal? 
Generally speaking, employers do have the right to monitor workplace computers; especially since the networks and the hardware is owned by them. However, some union contracts may limit the nature of this monitoring.

3 Ways That Karen Desoto Provides Inspiration for the Youth

After successfully completing her education in law, earning a Juris Doctorate at the Beasley School of Law at Temple University, her career has never slowed down. 

Here are a few things that make her one of the most inspiring people that we have today!

She Knows What She Wants To Achieve

She then served as a public defender, prosecutor and then moved into private practice, eventually founding also the Center for Justice. She went on to become the younger lawyer (first woman and first Hispanic) to be appointed Chief Corporate Counsel for the city ofJersey City, New Jersey, where she oversaw a large legal department, working with all the city agencies 

She Cares For the Society

Though busy with her career, she never forgot where she came from. A lifelong resident of New Jersey, Karen always found time to give back. She gave of her time serving on the Boards of nonprofit and community organizations, and mentored young people. This earned her “Humanitarian of the Year” by the Bayonne Youth Center, and many other honors for her good work in the community.

She Aspires To Bring About Change

It was this aspiration that led Karen and David Weiss to co-found the Institute for Dispute Resolution, which has in its short existence already contributed to a new law in New Jersey, and sponsored students to compete in international mediation competitions.  

The Institute for Dispute Resolution – Creating a league of its own

Karen DeSoto in the last few years has focused her attention to the field of international mediation. She currently serves as a professor at New Jersey City University where she and David S. Weiss founded and co-direct the Institute for Dispute Resolution, while she continues to appear on television as a legal analyst at NBC News.

Previously she served as a practicing attorney; founded the Center for Legal Justice, and became the first women, first Hispanic, and youngest lawyer to ever be appointed Chief Counsel for the city of Jersey City, New jersey. For years she was active in workplace equality at a time when The Hudson Reporter named her to their list of Top 50 Most Influential people, calling her “a force to be reckoned with.”

These days Karen is mostly focused on the IDR, promoting international mediation in New jersey -- through the Applied Research Department of the IDR. In 2017 the New Jersey International Arbitration, Mediation, and Conciliation Act was signed into law, an initiative introduced by the IDR.

This year at the 12^th Annual International Commercial Mediation Competition in Paris, France, three students from the IDR, Justin Davis, Kaylee Saltos, and Leman Kaifa represented NJCU. They were the only business school students to be selected from the U.S.A., as all others were teams pulled from law schools.  

In the week-long mock mediation sessions, where students were given practical learning experience, the team from NJCU represented excellent skills and knowledge about the mediation field. The students were coached by Christian Corrales and Karen DeSoto, getting excellent insights about the legal world in general and the mediation and arbitration world in particular.

Last year Leman Kaifa was part of the team at the Consensual Dispute Resolution Competition (CDRC) in Vienna, Austria, and winning an Award for Best Opening Statements.

Karen DeSoto was quoted as saying, “We’re so immensely proud of our students. They competed at the highest levels. The entire experience I think has been great for all of us. The Institute has raised the profile of New Jersey City University, provided students to expand their knowledge and worldviews as they travel internationally — meeting and competing with other students from all over the world.”

The students of IDR (Institute for Dispute Resolution) have competed several times in Paris and Vienna to date. 

Students From The IDR Prove Their Mettle, Again!

The 12th ICC International Commercial Mediation Competition in Paris, France, was a brilliant portrayal of skills that college level students possess in the field of mediation and negotiation. It is a matter of pride to note that this globally-renowned event -- which selects group university teams from across the globe to participate in a week-long series mock mediation sessions -- selected just 66 schools from world over, and NJCU made the list.

Justin Davis, Leman Kaifa, and Kaylee Saltos, from NJCU, participated in the event.
  

Getting invited to such a prestigious event and proving your mettle in front of the whole world requires expertise and skills that are honed only by the right coaches. This excellent team was coached by Christian Corrales and Karen DeSoto. Corrales, who is an NJCU graduate and program alumnus of NJCU’s IDR, coached both the ICC and CDRC competitions in 2016. DeSoto, on the other hand, is the co-director of the IDR, the founder of the Center of Legal Justice and serves as an on-air legal analyst for highly acclaimed news channels today. Her experience and knowledge in the field helped in guiding the students outstandingly.

Being coached by the experts, these students were afforded the opportunity to put their classroom knowledge into practice, interacting with students, professors and legal professionals from around the world.

The Humanitarian side of Karen DeSoto

When people give selflessly to their community they often do so without seeking acknowledgements for it. At the same time they are often singled out for their contributions, as Karen DeSoto has been over the years. I have interviewed her on several occasions about the Institute for Dispute Resolution (she is co-founder and co-director) and her passions were always obvious -- equal rights, fairness in the workplace, humanitarian support, and education.

As a lifelong resident of New Jersey it is not surprising that that is where her efforts were mostly targeted.

In her early career she focused on her legal career, having earned a Juris Doctorate and Masters in Law for Trial Advocacy. She served as a public defender as many law graduates do, early on. Then, she gained experience on the other side of the law -- as a prosecutor.

By 2001 she was the first women (also the first Hispanic, and the youngest person) to be appointed Chief Counsel for the city of Jersey City. 

Busy bees tend to stay busy. And she did. All the while that she was appearing on television as an on-air legal analyst for a variety of news and magazine channels [such as ABC News, CNN, Fox News, MSNBC, and NBC News) she was also buzzing about her neighborhood.

She was a guest speaker imparting knowledge to students at local colleges, and contributing time and energy at local organizations. The Bayonne Youth Community Center named her Humanitarian of the Year for her efforts on their behalf. She worked with the Ray of Hope Foundation, Head Start, and many others.

Despite her work with local community groups, she couldn’t ignore the law either, and she continued to be active in building coalitions in a push for equal rights, civil rights and workplace fairness. For those efforts The Hudson Reporter named Karen to their Top 50 Most Influential People list, calling her “a force to be reckoned with.”

Her work gained the attention of the NCAAP too, and they honored her alongside Senator Sandra Cunningham and four others.

At the 50^th Annual Puerto Rican Heritage Festival and Parade in 2010 she named Attorney of the Year. 

Currently Karen is immersed in her dedication to the Institute for Dispute Resolution, working with the applied research department to affect change in New Jersey policy, as well as giving her time to coach and mentor young students -- while also accompanying them on sponsored international competitions and events. 

How The Bill ‘S602’ Will Change The Face Of International Mediation In New Jersey?

There is some good news for all the international mediation enthusiasts out there! The Institute for Dispute Resolution (at New Jersey City University, school of Business) got its very first New Jersey policy success. The IDR applied research department work contributed to the passing of the Bill ‘S602’ which was signed into law by the Governor as the New Jersey International Arbitration, Mediation, and Conciliation Act, on February 7, 2017.

The co-founder and co-director of the institute, Karen DeSoto noted that this Bill had strong bipartisan support, from both Senators Sandra Cunningham and Tom Kean Jr. The Bill aims at positioning New Jersey as a hub for business meditations from all over the world. It is expected to give the much-needed boost to international trade in the state.

So far, there were no mechanisms for businesses to settle their disputes in New Jersey outside of full legal actions. With the passing of this Bill, mediation will become an important dispute resolution tool in NJ, making it one of only ten states that have passed such a legislation.

Now, with this law, designated nonprofit organizations in New Jersey will be able to better achieve international mediation, arbitration, and conciliation, and Karen DeSoto said “it feels great that the Institute for Dispute Resolution helped” in doing so.

The IDR, which is focused on negotiation and mediation, both domestically and internationally, has been encouraging the practice to businesses through collaborative actions and events, and educating students -- through study as well as practical experience by participating in international mediation competitions and events.

IDR has played a great role in this legislation, and expects to contribute to the shaping of education policy in the future. 

3 Ways That Karen Desoto Keeps Giving Back

 

Karen DeSoto is a career attorney who has also been an on-air legal analyst for 15 years, has been a guest speaker, and an equal right activist. The Hudson Reporter had previously named her one of the Top 50 Most Influential People in Hudson County because of her efforts and the coalitions she built. And now -- as she continues to appear on air as a legal analyst for NBC News, her attention has been focused on her role as co-director of the Institute for Dispute resolution at New Jersey City University.

1. She Is Making A Difference

Karen DeSoto along with David Weiss co founded the Institute for Dispute Resolution at the New Jersey City University school for business. And through the IDR applied research department they contributed to what became the New Jersey International Arbitration, Mediation, and Conciliation Act (legislation signed Feb 7, 2017). 

2. She Has Long Been A Mentor

Whether it was being the youngest attorney, first woman and first Hispanic to ever serve as Corporate Counsel for the city of Jersey City, serving as a Board Member of various organizations, being a guest speaker at local colleges, or coaching students for international competitions in mediation through IDR, she exudes confidence and a  strong work ethic for young women to admire.

3. She Is An Educator

For over a decade Karen DeSoto has appeared on air as a legal analyst to provide legal insights -- to television audiences regarding high profile cases in the news.

3 Tips For Choosing A Workplace Discrimination Attorney

Choosing a workplace discrimination lawyer who can help you solve that ugly work-related dispute can be a tough task. So, how do you do that? Here are a few tips to find the right person who can help you get through the turbulent phase without much difficulty.

Tip# 1: Do Your Research

Karen Desoto

To begin right, take a look at the credentials of your preferred attorney. Search the web and find information about their education, their activities and involvement in the legal industry – as well as their knowledge on the type of situation you are facing. You wouldn’t choose a lawyer whose career has been real estate contract litigation, regardless of how successful they may be in that industry. Look for those that have experience and credentials in workplace discrimination cases. 

For example, New jersey based Karen DeSoto reveals a lot about her background working in the practice areas of workplace discrimination, and she was listed as one of the top 50 most influential people in Hudson county. She has a Juris Doctorate and Master in Law and Trial Advocacy. These are the type of credentials you want to look for. Review them online, check their websites for news about their activities. This will not only help you get a sense of their work, but will also help you figure out if they can be the one to help your case.

Tip# 2: Check Their Experience

Once you have found a bit of information about them, the next step is to check their experience in the cases related to your scenario. How long have they been working in that area of practice, and what is their win rate in court? Find out if they have ever represented people who have been in circumstances that are similar to yours. Like any other service provider, you have to assess how good they are, whether they are a good fit for what you need, and then talk about service rates. Do they work on retainer, on contingency – meaning they only get paid if you win your case, as Bangel Cohen and Falconetti do -- , or, do they do pro bono work, meaning they represent you for free. If they don’t really have the experience and knowledge in workplace discrimination cases, then don’t settle, keep looking for the right attorney. 

Tip# 3: Have A Meeting

Once you find someone who meets your criteria schedule an appointment so you can meet them face to face. Personality compatibility matters. You need to feel comfortable enough to trust their advice and have confidence in their strategy. 

Karen Desoto – A Humanitarian, An Advocate Or Much More?

Karen DeSoto, the name that has left an impression on many minds, is definitely worth knowing and remembering. A woman with a heart of gold and who is a tower of strength, Karen Desoto started off her journey as a law enthusiast and has come a long way by touching millions of lives with her good work and appreciable efforts to bring a change to the society.

One Person – Many Sides

A brilliant child, thorough out her education, she knew that she wanted to make it big in the legal field, and so, Karen received a Juris Doctorate and then Masters of Law Degree in Trial Advocacy. Then began her career as a public defender. Later, she served as a prosecutor (Hunterdon County, NJ), and as a lawyer in private practice after which she founded the Center For Justice based in Jersey City, NJ.

Over the years, Karen Desoto proved her mettle in the legal world by voicing her opinions on civil rights, workplace discrimination rights, election and criminal law. Understanding the active role that she has been playing in serving the community as well as the legal field, she has been awarded a number of times by renowned authorities across the country.

She was selected as the Attorney of the Year at the 50th Annual Puerto Rican Heritage Festival and Parade in 2010, and Humanitarian of the year by the City of Bayonne Youth Center. She is also an on-air legal analyst for NBC News, and has made insightful appearances on Court TV, CNN Headline News, Fox News, ABC News, MSNBC, and the rest.