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. 

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. 

Karen Desoto Discusses The Michelle Carter & Conrad Roy Case

If friendship is about helping your friend in times of need, then what would you call a relationship wherein a friend encourages another to kill himself?

As strange as it may seem to be, this is a real life incident wherein a suicide victim’s friend faces charges of involuntary manslaughter.

Michelle Carter, 18, has been accused of urging Conrad Roy III, 18, to commit suicide inside his truck.

Discussing a one-of-its-kind case, Karen DeSoto, an on-air legal analyst and attorney, joined Alex Witt on MSNBC and provided some insights on the incident that took place in July 2014.

Allegedly, depicting a strange behaviour Michelle Carter exchanged over 1,000 text messages with Roy, advising him to kill himself inside his truck, which eventually resulted in his death due to carbon monoxide poisoning.

Karen described the case as ‘unusual’ and said that it is difficult to separate the emotional aspect from the ethical and moral issues in such types of cases. According to Karen, involuntary manslaughter is defined as ‘reckless disregard for human life’. 

So, the grey area in the case is whether Carter knew that her words are going to cause her friend’s death, as use of words to kill someone is certainly unusual. Besides this, can this act of Carter be termed as involuntary manslaughter? This is something extremely important to be figured out!

Karen stresses on the fact that Carter had a lawful obligation to talk with Roy and calm him down or contact his parents, instead of urging him to get back in the truck.