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.