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	<title>LAW &#38; MEDIATION</title>
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	<link>http://www.lawandmediationsofla.com</link>
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		<title>Business Dispute Resolution: Business Dispute Resolution Through Mediation</title>
		<link>http://www.lawandmediationsofla.com/business-law/business-dispute-resolution-business-dispute-resolution-mediation/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=business-dispute-resolution-business-dispute-resolution-mediation</link>
		<comments>http://www.lawandmediationsofla.com/business-law/business-dispute-resolution-business-dispute-resolution-mediation/#comments</comments>
		<pubDate>Wed, 04 Jan 2012 15:09:39 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Mediation]]></category>
		<category><![CDATA[business dispute]]></category>
		<category><![CDATA[business dispute resolution]]></category>
		<category><![CDATA[dispute]]></category>
		<category><![CDATA[dispute resolution]]></category>
		<category><![CDATA[florida mediation]]></category>
		<category><![CDATA[florida mediator]]></category>
		<category><![CDATA[mediation]]></category>
		<category><![CDATA[mediator]]></category>
		<category><![CDATA[resolution]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=1077</guid>
		<description><![CDATA[When a business is involved in a dispute with a customer, partner, employee, government agency, or anyone else, the business must depart from its mission to instead invest time and resources into an unwanted dispute.  Business dispute resolution through mediation is a way to shortcut potentially wasteful conflicts. ]]></description>
			<content:encoded><![CDATA[<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/Florida-business-dispute-and-resolution.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/Florida-business-dispute-and-resolution.jpg" alt="" title="Florida business dispute and resolution" width="290" height="150" class="alignleft size-full wp-image-1091" /></a>The value of resolving business disputes is substantial.  The mission of most businesses is to provide a service or a product, and to profit from it.  When a business is involved in a dispute with a customer, partner, employee, government agency, or anyone else, the business must depart from its mission to instead invest time and resources into an unwanted dispute.  Business dispute resolution through mediation is a way to shortcut potentially wasteful conflicts.<p>

Mediation frequently occurs in the context of a lawsuit that has already been filed in court.  Sometimes the parties decide to mediate when they want to find an alternative to the litigation, or they go to mediation when a judge or a court rule requires that the parties must mediate in order to proceed with their case in court.<p>

Forward thinking business managers, however, may propose to mediate a dispute prior to filing a lawsuit in order to prevent the investment of time and resources a lawsuit will demand.   Despite the fact that successful businesses typically employ skillful negotiators, they may still be unable to resolve disputes where there are significant differences in perspectives and understanding of the issues, and when prior communications about their disputes ended in impasses.<p>

A mediation is a conference in which disputing parties are assisted by a mediator to focus on the disputed issues and examine potential resolutions.  A mediator is a neutral, impartial third party who should be a skillful listener.  A mediator should help the parties to hear each other better, and examine their alternatives to continuing their dispute.<p>

Mediation is an opportunity for a business to evaluate the strengths and weaknesses of its positions in a dispute, as well as the strengths and weaknesses of the other parties’ positions. In disputes, everyone seems to believe that their positions are correct, and that their opponents are misdirected or misguided.  An impartial mediator may confidentially explain in private caucuses with the parties, however, that their positions may not be provable in court, and that the issues may appear to an outsider to be more gray than black and white.  A mediator may help parties to understand the real cost of proving that they’re right, compared to the value of settling a dispute and putting it behind them.<p> 

Some mediations focus on preserving and improving relationships, rather than solving problems with enforceable agreements.  Many organizations mediate disputes, not only to keep them from escalating into lawsuits, but because businesses function better when their managers, workers, directors and others involved in conflict learn how to communicate and resolve their disputes better.  A “transformational mediation” aims to keep the parties talking with each other, to understand each other better, and to learn how to hash out their differences without an escalation of conflict and hostility.<p>

In recent years, when judges commonly recognized that mediation helps many parties to end their disputes, many courts adopted rules requiring mediation before the rights and obligations of the parties in a dispute can be adjudicated in court.  Mediation has become an important part of the legal process in Florida because it is an effective way to take disputes out of court.  Although a business may believe that an opposing party is impossible and that a dispute can only be straightened out by a court, the success of mediations shows that settlements are achievable even when they seem impossible.  If a business wants to stay on track selling its products and services rather than fighting to win disputes, it should consider mediation rather than litigation in court as a way to fairly settle its disputes and to stay on track with its primary business goals.<p>

]]></content:encoded>
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		<item>
		<title>Immigration Petitions: Common Types of Immigration Petitions</title>
		<link>http://www.lawandmediationsofla.com/immigration-law/immigration-petitions-common-types-immigration-petitions/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=immigration-petitions-common-types-immigration-petitions</link>
		<comments>http://www.lawandmediationsofla.com/immigration-law/immigration-petitions-common-types-immigration-petitions/#comments</comments>
		<pubDate>Wed, 04 Jan 2012 14:58:38 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Immigration Law]]></category>
		<category><![CDATA[citizenship]]></category>
		<category><![CDATA[green card]]></category>
		<category><![CDATA[greencard]]></category>
		<category><![CDATA[immigrant visa]]></category>
		<category><![CDATA[immigration]]></category>
		<category><![CDATA[immigration law]]></category>
		<category><![CDATA[immigration lawyer]]></category>
		<category><![CDATA[immigration petitions]]></category>
		<category><![CDATA[immigration visa]]></category>
		<category><![CDATA[naturalization]]></category>
		<category><![CDATA[visa]]></category>
		<category><![CDATA[visas]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=1075</guid>
		<description><![CDATA[There are more than twenty types of temporary, non-immigrant visas available under certain circumstances, and a partial list of the visas is pasted below. ]]></description>
			<content:encoded><![CDATA[<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/immigration-petition-types.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/immigration-petition-types.jpg" alt="" title="immigration petition types" width="290" height="150" class="alignleft size-full wp-image-1086" /></a>Under United States immigration laws, in general, people have the right to be present in the United States if they were born here, they are a naturalized citizen, they are a lawful permanent resident, they are a lawful immigrant, or they are lawful non-immigrant.<p>

Someone who is present in the United States but is not a citizen, a lawful permanent resident, an immigrant or non-immigrant in lawful status is typically called an “illegal alien”.  The United States Department of Homeland Security enforces the country’s immigration laws, in part, by a) locating, detaining and removing people who do not have a legal basis to be present in the U.S., and b) adjudicating applications for foreigners to obtain citizenship, permanent resident status, or permission to visit, study, live or work in the U.S. as lawful immigrants or non-immigrants.<p>

There are more than twenty types of temporary, non-immigrant visas available under certain circumstances, and a partial list of the visas is pasted below.  These visas allow people to enter into and remain in the United States for specific purposes such as visiting for pleasure or business, studying in school, managing or investing in a business, working at a professional level for a particular employer for a salary and period of time approved by the government, and in a number of other circumstances.<p>

There are many more types of immigrant visas for foreigners who want to live permanently in the United States, which are also only available under certain circumstances.   Typically, an immigrant visa petition is submitted by a close U.S. citizen relative (a spouse, parent, child or sibling) or a U.S. business, asking permission for the foreign relative or intended worker.  After a family petition or employment based petition filed on behalf of a foreigner is approved, the beneficiary can apply for an “adjustment of status to permanent residency” with the U.S. Citizenship and Immigration Services if he or she is in the United States.  If the beneficiary is not in the United States, he or she will typically need to apply for “consular processing” at the U.S. Department of State’s embassy or consular office in his or her country of origin.  In some types of cases, a beneficiary of an approved immigrant petition can apply for an adjustment to permanent resident status or for consular processing right away, while in other types of cases the beneficiary must wait several years before they are eligible to apply for permanent resident status.<p>

In certain circumstances, foreigners are permitted to become permanent residents without a U.S. sponsor, in cases where the foreigner a) has won the “green card lottery”, b) obtains approval of a “self-petition” as a battered spouse of a US citizen or permanent resident, c) is a person with proven “extraordinary ability” in the arts, sciences, business, education or athletics, d) will be subjected to persecution in their country of origin on the basis of race, sex, nationality, politics or some other protected class, and in other limited circumstances.<p>

To approve visa petitions and immigration applications, the U.S. Citizenship and Immigration Services and the U.S. State Department require proof that the petitioners and applicants qualify for the visas.  The type of proof required to be submitted will depend upon the type of visa or immigrant status that the foreigner seeks.  For example, applicants for student visas must provide proof of acceptance to a college or university; birth certificates and marriage certificates are required to prove qualifying family relationships for family petitions; bank statements are often required to prove sufficient income to support oneself to extend a temporary stay as a visitor in which work is not authorized; a diploma or proof of work experience must be submitted to establish the qualifications of the beneficiary of a petition for a professional worker visa; and other types of documents are required to show that the foreigner have the background and/or relationships needed to obtain permission to be in the U.S. and engage in certain activities here.<p>

The adverse consequences for failing to comply with U.S. Immigration laws are severe.  People who are present in the U.S. for more than 6 months without lawful immigration status cannot obtain a visa, an extension of stay, or a change or status for 3 years.  People who remain in the U.S. without lawful immigration status for more than one year cannot obtain lawful status for 10 years.  There are exceptions for people who are the beneficiaries of family petitions filed by certain immediate U.S. citizen relatives, and for people who apply for and obtain waivers by showing that a U.S. citizen or permanent resident relative will suffer an exceptional hardship if the foreigner cannot remain here.<p>

To determine whether you may qualify for a particular immigration status, and how to prepare and file an approvable petition or application, an attorney experienced with U.S. immigration laws can help to guide you through the legal process.<p>

<em>* Disclaimer: This article is intended for general informational purposes only, and should not be relied upon as legal advice.  There is no lawyer and client relationship arising from this article.  You may contact us to discuss your specific concerns if you are seeking legal advice, assistance or representation.</em>]]></content:encoded>
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		</item>
		<item>
		<title>Breach of Contract in Florida: Legal Remedies to a Breach of Contract in Florida</title>
		<link>http://www.lawandmediationsofla.com/business-law/breach-contract-florida-legal-remedies-breach-contract-florida/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=breach-contract-florida-legal-remedies-breach-contract-florida</link>
		<comments>http://www.lawandmediationsofla.com/business-law/breach-contract-florida-legal-remedies-breach-contract-florida/#comments</comments>
		<pubDate>Wed, 04 Jan 2012 14:47:50 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Attorney]]></category>
		<category><![CDATA[breach of contract]]></category>
		<category><![CDATA[broward county]]></category>
		<category><![CDATA[business contract]]></category>
		<category><![CDATA[business law]]></category>
		<category><![CDATA[contract]]></category>
		<category><![CDATA[florida]]></category>
		<category><![CDATA[florida contract law]]></category>
		<category><![CDATA[lawyer]]></category>
		<category><![CDATA[miami-dade county]]></category>
		<category><![CDATA[palm beach county]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=1071</guid>
		<description><![CDATA[A contract basically consists of an offer by one person to exchange a thing, service or something else of value with another person for money or something else of value, so long as the offer is combined with the other person’s acceptance of the offer as well as the performance by one of the party’s of their duties under the contract.]]></description>
			<content:encoded><![CDATA[<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/breach-of-contract-florida.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/breach-of-contract-florida.jpg" alt="" title="breach of contract florida" width="290" height="150" class="alignleft size-full wp-image-1090" /></a>A contract basically consists of an offer by one person to exchange a thing, service or something else of value with another person for money or something else of value, so long as the offer is combined with the other person’s acceptance of the offer as well as the performance by one of the party’s of their duties under the contract.<p><br />

If a person performs his or her obligations under a contract, but the other party does not, the person can seek an award of money “damages” from a court that will require the other party who breached the contract to put the non-breaching party into the same position that he or she would have attained if the contract had not been breached.  Generally, that will require the breaching person to pay the cost to have the contract performed by someone else.<p>

For example, if you pay a painter $1,000 to paint your home, but he only does part of the job and you have to pay another painter to finish the job, the painter that contracted with you to paint the house for $1,000 will have to pay you what you reasonably have to pay the substitute painter to finish the work, even if it is more than the $1,000 you paid to the first painter.<p>

Another example would involve paying someone $1,000 for a particular item, but the person cannot obtain the item.  If it costs you $1,200 to purchase the item from someone else, the first person will have to return the $1,000 you paid and pay the additional $200 required for you to obtain the item that was contracted to be sold to you for $1,000.<p>

This general rule governing damages in contract, which dates back to old English law, provides that the damages recoverable for a breach of contract are those that naturally flow from the breach and were foreseeable by the breaching party at the time the contract was made. The goal in awarding damages in an action for breach of contract is to restore the non-breaching party to the condition that would have existed if the contract had been performed.  This is commonly called “the benefit of the bargain”, meaning that a person who is injured by the breach of a contract is entitled to damages in an amount needed to restore the benefit that party would have received if the contract had been performed.  This principle establishes the limit of the damages that are recoverable, not only the right to recover them. A person is not entitled to receive a benefit greater than what is provided by the contract.<p>

Loss of profits is a part of damages in an action for breach of contract. As with other kinds of contract damages, to be recoverable the loss of profits must naturally flow from the breach. The measure of damages for lost profits is the difference between the contract price and the cost of performance. This may reduce the amount of the remaining payments due under a partially performed service contract by the cost of the remaining services. When the measure of damages is lost profits, the loss must be proven with a reasonable degree of certainty to be recoverable.<p>
 
Prejudgment interest, generally from the date of the loss to the date of the judgment, is also a proper element of damages in an action based on a contract.<p>

If a contract is breached before it has been fully performed, the injured party may recover damages either in quantum meruit (meaning “the amount deserved”) or in contract.  The measure of damages for a quantum meruit recovery is the reasonable value of the labor or services performed plus the market value of any materials provided.  For a recovery under the contract, the measure of damages is the amount of the lost profits plus the reasonable cost of labor and material expended in partial performance. Damages are recoverable either under the contract theory or under the theory of quantum meruit, but not both.<p>

The measure of damages to remedy a defective performance of a contract is the reasonable cost needed to make the work conform to the contract. An exception to this rule applies if the cost of curing the defect would cause economic waste.  This exception is common in construction disputes, in circumstances where cosmetic construction defects can be corrected only by tearing down major structural components of projects, so the courts award damages based on the diminution in the value of the buildings rather than the cost to correct the cosmetic defects.<p>

To be awarded at a trial, damages for breach of contract must be proven with reasonable certainty and supported by competent substantial evidence.  If the amount of damages necessary to make a person receive the benefit of a contract cannot be determined precisely, the record must at least reveal some reasonable basis for the amount awarded. <p>

<em>* Disclaimer: This article is intended for general informational purposes only, and should not be relied upon as legal advice.  There is no lawyer and client relationship arising from this article.  You may contact us to discuss your specific concerns if you are seeking legal advice, assistance or representation.</em>]]></content:encoded>
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		</item>
		<item>
		<title>Florida Real Estate Attorney: Avoid Costly Mistakes by Hiring a Florida Real Estate Attorney</title>
		<link>http://www.lawandmediationsofla.com/real-estate-litigation/florida-real-estate-attorney-avoid-costly-mistakes-hiring-florida-real-estate-attorney/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=florida-real-estate-attorney-avoid-costly-mistakes-hiring-florida-real-estate-attorney</link>
		<comments>http://www.lawandmediationsofla.com/real-estate-litigation/florida-real-estate-attorney-avoid-costly-mistakes-hiring-florida-real-estate-attorney/#comments</comments>
		<pubDate>Tue, 03 Jan 2012 21:48:27 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Real Estate Litigation]]></category>
		<category><![CDATA[contract]]></category>
		<category><![CDATA[contracts]]></category>
		<category><![CDATA[florida real estate attorney]]></category>
		<category><![CDATA[florida real estate law]]></category>
		<category><![CDATA[real estate attorney]]></category>
		<category><![CDATA[real estate law]]></category>
		<category><![CDATA[real estate lawyer]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=1067</guid>
		<description><![CDATA[There is no legal requirement that you must be represented in a real estate transaction in Florida, but a lawyer can help you make sure that all of the terms are understandable and acceptable to you before you incur any legal and financial obligations and expectations by entering into the contract.<]]></description>
			<content:encoded><![CDATA[<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/real-estate-laws.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/real-estate-laws.jpg" alt="" title="real estate laws" width="290" height="150" class="alignleft size-full wp-image-1089" /></a>	 
You found a house you want to buy?  The price is right and you’re ready to sign a contract.   Congratulations!  Do you need a Florida Real Estate Attorney in the transaction? <p><br />
There is no legal requirement that you must be represented in a real estate transaction in Florida, but a lawyer can help you make sure that all of the terms are understandable and acceptable to you before you incur any legal and financial obligations and expectations by entering into the contract.<p>

People frequently invest a great deal of hope, dreams and expectations in real estate transactions, and their emotions are typically much more important to them than the money involved.  People may have time concerns about moving to a new home, may have waited a long time to find the right house in the right neighborhood, may have already decorated their new homes in their minds, and their realtors may be counting on their commissions to pay their monthly bills.  When real estate transactions fall apart, the sellers, purchasers and real estate professionals often become very anxious and feel greatly mistreated.  That’s why so many failed real estate transactions breed lawsuits.  The people feel badly damaged and in need of compensation from the responsible person(s) who breached their obligations in the transaction.<p>

A Florida real estate attorney can help you make sure your rights and obligations are clearly stated in your contract, and can look for anything erroneous or unenforceable that should be restated or removed from it.  A Florida real estate attorney can help you stand up for your rights in a transaction when the law and facts support your position.  If you are not familiar with the details of real estate law, you might not clearly understand your rights and obligations, and may not properly assert your rights when another person’s conduct may cause a valuable deal for you to evaporate.<p>

If you are involved in an important real estate transaction, consulting with a Florida real estate attorney may help you to foresee and avoid potential pitfalls.  If a transaction seems to be falling apart, a Florida real estate attorney may help you to properly address problems or navigate your way through them.<p>

<em>* Disclaimer: This article is intended for general informational purposes only, and should not be relied upon as legal advice.  There is no lawyer and client relationship arising from this article.  You may contact us to discuss your specific concerns if you are seeking legal advice, assistance or representation.<p></em>]]></content:encoded>
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		</item>
		<item>
		<title>Libel vs. Slander: Defamation in Condominiums, Cooperatives and Homeowners Associations.</title>
		<link>http://www.lawandmediationsofla.com/civil-litigation/2libel-vs-slander-defamation-condominiums-cooperatives-homeowners-associations/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=2libel-vs-slander-defamation-condominiums-cooperatives-homeowners-associations</link>
		<comments>http://www.lawandmediationsofla.com/civil-litigation/2libel-vs-slander-defamation-condominiums-cooperatives-homeowners-associations/#comments</comments>
		<pubDate>Tue, 03 Jan 2012 21:33:07 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Civil Litigation]]></category>
		<category><![CDATA[defamation]]></category>
		<category><![CDATA[libel v. slander]]></category>
		<category><![CDATA[libel vs. slander]]></category>
		<category><![CDATA[liblel]]></category>
		<category><![CDATA[slander]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=1064</guid>
		<description><![CDATA[Charges of defamation frequently arise in the context of condominium, cooperative and homeowners associations when members of an association accuse their directors, officers, management, or other association members of mishandling the association’s funds or other property, or of abusing their powers to mistreat their neighbors.  In the heat of association disputes, false statements can cause real damage to others, when someone is accused of dishonesty, criminality, or abusing their powers.]]></description>
			<content:encoded><![CDATA[<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/slander.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/slander.jpg" alt="" title="slander" width="290" height="150" class="alignleft size-full wp-image-1088" /></a>Whether it is libel or slander, defamation may generally be defined as the unprivileged publication of false statements that naturally and proximately injure someone else.  The law of defamation allows people in Florida to recover money damages from people who maliciously injure their reputations with false statements.<p>

What is Libel vs. Slander?  Libel is a defamatory statement made in writing, and slander is a defamatory statement made verbally.<p>

Generally, to recover damages for defamation the person who makes a false statement must also have a malicious intent to harm the person who is the victim of the defamation, but in some cases of “defamation per se” malice does not have to be proved.  When someone falsely attributes another person with felonious conduct, with having certain “loathsome” diseases, with conduct that is inconsistent with their lawful occupation, and in other limited circumstances, the statements are considered to be defamatory per se.   Due to the nature of these types of statements, the person making them should make sure to have his or her facts straight before making the statements.  The law presumes that the natural and proximate consequences of these types of false statements will injure someone in his or her social, official and business relations, and the statement is considered to be defamatory per se whether or not the person making the statement actually had a malicious intent.<p>

In order to obtain a judgment against someone for defamation, a plaintiff in court has to prove that the defendant they’re suing (1) made a false statement (2) about the plaintiff (3) to a third party and (4) that the falsity of the statement caused injury to the plaintiff.<p>
 
Charges of defamation frequently arise in the context of condominium, cooperative and homeowners associations when members of an association accuse their directors, officers, management, or other association members of mishandling the association’s funds or other property, or of abusing their powers to mistreat their neighbors.  In the heat of association disputes, false statements can cause real damage to others, when someone is accused of dishonesty, criminality, or abusing their powers.<p> 

When the statements are false, and the person accused of the misconduct has been injured, the person making the statements may find themselves responsible for the injuries that their statements cause.<p>

If a manager, officer, or other legal representative of an association makes a defamatory statement about someone in an official communication from the association, the association itself may be legally responsible for the injuries caused by the representative’s defamatory statements.<p>

Associations that want to minimize their potential exposure for charges of defamation should remind their officers, directors, managers, directors and members, both at the start of their meetings and in written forums for communication, that everyone should be civil, courteous and judicious about what they say about each other.<p>

Associations have a common purpose to manage their associations’ funds and properties for the benefit of their members.  In condominiums, townhomes and other commonly managed communities, the quality of life of people living there can be greatly enhanced when an association can maintain civil discourse in conducting its business.  The association can avoid potentially costly, time consuming and aggravating lawsuits if it promotes civil discourse and discourages potentially defamatory statements.<p>

<em>* Disclaimer: This article is intended for general informational purposes only, and should not be relied upon as legal advice.  There is no lawyer and client relationship arising from this article.  You may contact us to discuss your specific concerns if you are seeking legal advice, assistance or representation.<</em>p>]]></content:encoded>
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		</item>
		<item>
		<title>Florida Child Custody Laws: Parental Relocation with Children</title>
		<link>http://www.lawandmediationsofla.com/family-law/florida-child-custody-laws-parental-relocation-children/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=florida-child-custody-laws-parental-relocation-children</link>
		<comments>http://www.lawandmediationsofla.com/family-law/florida-child-custody-laws-parental-relocation-children/#comments</comments>
		<pubDate>Tue, 03 Jan 2012 18:06:26 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Family Law]]></category>
		<category><![CDATA[child custody]]></category>
		<category><![CDATA[custody]]></category>
		<category><![CDATA[florida]]></category>
		<category><![CDATA[florida child custody]]></category>
		<category><![CDATA[florida child custody law]]></category>
		<category><![CDATA[florida child custody laws]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[parent relocation]]></category>
		<category><![CDATA[relocation]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=1054</guid>
		<description><![CDATA[In order to trigger the operation of parental relocation statute, the change of location must be for at least 60 consecutive days, not including temporary absences for vacations, education, or to provide health care for the child. 

]]></description>
			<content:encoded><![CDATA[<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/Florida-Custody-laws.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2012/01/Florida-Custody-laws.jpg" alt="" title="Florida Custody laws" width="290" height="150" class="alignleft size-full wp-image-1087" /></a>When a parent moves more than 50 miles from the place where his or her principal place of residence was at the time when the last order establishing or modifying time-sharing with a child was entered, or where his or her principal place of residence was at the time when a pending petition to establish or modify the parents’ time sharing arrangements was filed, under Florida’s parental relocation statute, section 61.13001, Florida Statutes, the move can be considered a substantial change in circumstances that will require a modification of the parenting plan and visitation schedule. In order to trigger the operation of parental relocation statute, the change of location must be for at least 60 consecutive days, not including temporary absences for vacations, education, or to provide health care for the child.<p><br />

If a parent’s move triggers the operation of the relocation statute, the parents and every other person entitled to access to or time-sharing with the child can satisfy the requirements of the relocation statute and Florida Child Custody Laws by signing a written agreement that 1) reflects consent to the relocation, 2) defines an access or time-sharing schedule for the non-relocating parent and any other persons who are entitled to access or time-sharing, and 3) describes, if necessary, any transportation arrangements related to access or time-sharing. If there is an existing legal action, judgment, or decree of record regarding the child’s residence or a time-sharing schedule, the relocation statute requires that the parties must seek ratification of their agreement by a court order, but without the necessity of an evidentiary hearing unless one is requested in writing by one or more of the parties to the agreement within 10 days after the date the agreement is filed with the court. If a hearing is not timely requested, the Court will presume that the agreed upon relocation is in the best interest of the child and may ratify the agreement without an evidentiary hearing.<p>

If, however, the parents and every other person entitled to access to or time-sharing with the child do not enter into an agreement regarding the parent’s relocation, then the parent or other person seeking relocation must file a petition with the Court to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child. The petition must be signed under oath or affirmation under penalty of perjury and include 1) a description of the location of the intended new residence, including the state, city, and specific physical address, if known, 2) the mailing address of the intended new residence, if not the same as the physical address, if known, 3) the home telephone number of the intended new residence, if known, 4) the date of the intended move or proposed relocation, 5) a detailed statement of the specific reasons for the proposed relocation. If one of the reasons is based upon a job offer that has been reduced to writing, the written job offer must be attached to the petition, 6) a proposal for the revised postrelocation schedule for access and time-sharing together with a proposal for the postrelocation transportation arrangements necessary to effectuate time-sharing with the child. Absent the existence of a current, valid order abating, terminating, or restricting access or time-sharing or other good cause predating the petition, failure to comply with this provision renders the petition to relocate legally insufficient, and 7) a statement advising the other party(ies) that their response(s) must be filed and served within 20 days, in substantially the form set forth in the statute in all capital letters and in the same size type, or larger, as the type in the remainder of the petition.<p>

The petition to relocate must be served on the other parent and on every other person entitled to access to and time-sharing with the child, in the manner required by the relocation statute.<p>

If the other parent and any other person entitled to access to or time-sharing with the child fails to timely file a response objecting to the petition to relocate, it is presumed that the relocation is in the best interest of the child and that the relocation should be allowed, and the law requires that, absent good cause, the court shall enter an order specifying that the order is entered as a result of the failure to respond to the petition and adopting the access and time-sharing schedule and transportation arrangements contained in the petition. The order may be issued in an expedited manner without the necessity of an evidentiary hearing. If a response is timely filed, the parent or other person may not relocate, and must proceed to a temporary hearing or trial and obtain court permission to relocate.<p>

A parent or other person seeking to relocate has a continuing duty to provide current and updated information required by the relocation statute when that information becomes known.<p>

Relocating with a child, but without complying with the requirements of the relocation statute, will subject the party violating the statute to contempt and other proceedings authorized by Florida Child Custody Laws to compel the return of the child. An unauthorized relocation may be taken into account in court in any legal action seeking a determination or modification of the parenting plan or the access or time-sharing schedule as a factor a) in making a determination regarding the relocation of a child, 2) in determining whether the parenting plan or the access or time-sharing schedule should be modified, 3) as a basis for ordering the temporary or permanent return of the child, 4) as sufficient cause to order the parent or other person seeking to relocate the child to pay reasonable expenses and attorney’s fees incurred by the party objecting to the relocation, and 5) as sufficient cause for the award of reasonable attorney’s fees and costs, including interim travel expenses incident to access or time-sharing or securing the return of the child.<p>

<em>* Disclaimer: This article is intended for general informational purposes only, and should not be relied upon as legal advice.  There is no lawyer and client relationship arising from this article.  You may contact us to discuss your specific concerns if you are seeking legal advice, assistance or representation.</em>]]></content:encoded>
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		</item>
		<item>
		<title>How to Choose a South Florida Personal Injury Attorney in Broward County</title>
		<link>http://www.lawandmediationsofla.com/mediation/south-florida-personal-injury-attorney-broward-county/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=south-florida-personal-injury-attorney-broward-county</link>
		<comments>http://www.lawandmediationsofla.com/mediation/south-florida-personal-injury-attorney-broward-county/#comments</comments>
		<pubDate>Sun, 02 Oct 2011 17:08:01 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Civil Litigation]]></category>
		<category><![CDATA[Mediation]]></category>
		<category><![CDATA[Attorney]]></category>
		<category><![CDATA[broward county]]></category>
		<category><![CDATA[florida]]></category>
		<category><![CDATA[law]]></category>
		<category><![CDATA[Law & Mediation LLC]]></category>
		<category><![CDATA[lawyer]]></category>
		<category><![CDATA[personal injury]]></category>
		<category><![CDATA[South Florida Personal Injury Attorney in Broward County]]></category>
		<category><![CDATA[south florida personal injury attorneys]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=772</guid>
		<description><![CDATA[An effective Personal Injury Attorney must be a good communicator.  When you select an attorney to represent you in court, you should seek someone who communicates well with you, who understands your issues and concerns, and clearly describes the process, pitfalls, and potential benefits of pursuing litigation or settling the issues.]]></description>
			<content:encoded><![CDATA[If you are injured due to someone else’s negligence in South Florida, or you are injured on the job, an experienced South Florida Personal Injury Attorney can help you understand your legal rights and how to pursue your legal remedies. If you are not familiar with a particular Personal Injury Attorney in Broward County, how should you go about selecting the right attorney to represent you.</br>
</br>
<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2011/10/Stuart_Reed_Website_Photo1.jpg"><img class="size-full wp-image-984 alignnone" title="Stuart_Reed_Website_Photo" src="http://www.lawandmediationsofla.com/wp-content/uploads/2011/10/Stuart_Reed_Website_Photo1.jpg" alt="" width="225" height="150" /></a></br>
</br>
There are many Lawyers in Broward County who handle personal injury cases, and many South Florida Personal Injury Attorneys advertise on television, in phone books, on bus benches, on taxi cabs, and many other places. How can you select the right attorney for you?</br>
</br>
An effective Personal Injury Attorney must be a good communicator. When you select an attorney to represent you in court, you should seek someone who communicates well with you, who understands your issues and concerns, and clearly describes the process, pitfalls, and potential benefits of pursuing litigation or settling the issues.</br>
</br>
Although some types of cases are appropriate for contingency fee agreements in which a South Florida Personal Injury Lawyer collects fees as a percentage of the money recovered from a claim, not all civil litigation cases are appropriate for this arrangement. Where the liability is clear and the responsible party is able to pay for damages with insurance or on their own, a South Florida Personal Injury Lawyer will typically advance the costs to pursue your claims, and you will pay nothing to your attorney until your claims are paid by the responsible party. The lawyer’s fee and costs will then be paid from the money recovered for you.</br>
</br>
A personal injury lawsuit may involve circumstances including auto and motorcycle accidents, boat negligence, medical malpractice, worker’s compensation, nursing home neglect or slip and fall accidents. Personal injury lawsuits also comprise class action suits against pharmaceutical companies for dangerous consumer products such as Fosamax, Zocor or YAZ birth control. You may be able to recover damages for you medical expenses, pain and suffering, lost wages, lost earning potential, impaired physical capacities, and other damages recoverable under the law. Some law firms focus on particular types of personal injury cases in South Florida. If your case is not the type of case that our firm has experience in handling, we can refer you to other attorneys and assist you to work with an attorney on your case as your co-counsel at no extra cost to you.</br>
</br>
In Florida, there is a time limit for filing a personal injury lawsuit against the party that injured you. If you wait too long from the time you were injured, you will not have a valid claim and your claim will be dismissed. We can help you to file your case or to find a law firm that handles your type of case within the required time frame.</br>
</br>
If you are looking for an attorney experienced with personal injury cases, who co-counsels with Personal Injury Attorneys in Broward County in all types of personal injury cases to ensure that our clients obtain the highest level of attention that their cases deserve, we are here to help you. If you have been injured and are looking for South Florida Personal Injury Attorneys who can help you to pursue all of the monetary relief available to you under the law, call Law &amp; Mediation, LLC today at 954-874-2935 for a free consultation.</br>]]></content:encoded>
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		</item>
		<item>
		<title>Florida Mediator Explains Mediation in Broward County</title>
		<link>http://www.lawandmediationsofla.com/business-law/florida-mediators-mediation-broward-county/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=florida-mediators-mediation-broward-county</link>
		<comments>http://www.lawandmediationsofla.com/business-law/florida-mediators-mediation-broward-county/#comments</comments>
		<pubDate>Sun, 02 Oct 2011 16:45:11 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Civil Litigation]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Mediation]]></category>
		<category><![CDATA[Real Estate Litigation]]></category>
		<category><![CDATA[Attorney]]></category>
		<category><![CDATA[broward county]]></category>
		<category><![CDATA[florida]]></category>
		<category><![CDATA[Florida Mediators]]></category>
		<category><![CDATA[law and mediaton llc]]></category>
		<category><![CDATA[lawyer]]></category>
		<category><![CDATA[mediation]]></category>
		<category><![CDATA[Mediation Attorney in Broward County]]></category>
		<category><![CDATA[mediator]]></category>
		<category><![CDATA[stuart reed]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=763</guid>
		<description><![CDATA[Mediation is a process that helps resolve disputes related to business, employment and family matters. Florida Mediators are impartial third parties who help settle disputes outside of the courtroom.
]]></description>
			<content:encoded><![CDATA[<strong>Mediation</strong> is a process that helps resolve disputes such as business, employment and family matters. Florida Mediators are impartial third parties who help settle disputes outside of the courtroom.  You can save a great deal of time and money, and avoid the stresses and uncertainties of litigation, by resolving the issues in your dispute, whether it is a divorce, a dispute with your homeowners’ association, or any other type of civil conflict.</p>
<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2011/10/Stuart_Reed_Website_Photo1.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2011/10/Stuart_Reed_Website_Photo1.jpg" alt="" title="Stuart_Reed_Website_Photo" width="225" height="150" class="alignnone size-full wp-image-984" /></a></p>
The goal of a Florida Mediator is to assist in the communication between the disputing parties, to search for mutually agreeable resolutions, and to help facilitate a resolution to the dispute. The mediator does not determine who is right or wrong, and the participants make the decision to agree to a resolution voluntarily.</p>

A Florida Mediator should not coerce either party into making a decision or to participate in the mediation. The mediator must always remain impartial and must never impose a solution or direct a resolution of any issue. The mediator will discuss with both parties the potential outcomes of different resolutions, while always remaining completely impartial.</p>


All communications made throughout the mediation are completely confidential. If you are not represented by an attorney in mediation, each party should have an opportunity to consult an attorney before entering into an agreement, but having an attorney present is not required.</p>
 

If a court orders you to participate in mediation, but no agreement is reached, the mediator will inform the courts of the situation. If an agreement is reached, it will be put into writing and signed by both parties and their attorneys, if they have legal representation, and the courts will then be notified that a settlement agreement was reached.</p>


If you are in need of Mediation in Broward County for issues pertaining to family, business or employment disputes, and are looking for trusted Florida Mediators, contact Law &#038; Mediation, LLC at 954-874-2935. We are here to help you.</p>

]]></content:encoded>
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		<item>
		<title>Benefits of Hiring a South Florida Foreclosure Defense Attorney</title>
		<link>http://www.lawandmediationsofla.com/features/benefits-hiring-south-florida-foreclosure-defense-attorney/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=benefits-hiring-south-florida-foreclosure-defense-attorney</link>
		<comments>http://www.lawandmediationsofla.com/features/benefits-hiring-south-florida-foreclosure-defense-attorney/#comments</comments>
		<pubDate>Sun, 02 Oct 2011 16:18:08 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Featured]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[Foreclosure Defense]]></category>
		<category><![CDATA[Mediation]]></category>
		<category><![CDATA[Real Estate Litigation]]></category>
		<category><![CDATA[Attorney]]></category>
		<category><![CDATA[broward]]></category>
		<category><![CDATA[Broward Real Estate Attorney]]></category>
		<category><![CDATA[Broward Real Estate Attorney Stuart Reed]]></category>
		<category><![CDATA[florida]]></category>
		<category><![CDATA[foreclosur attorney]]></category>
		<category><![CDATA[foreclosure]]></category>
		<category><![CDATA[foreclosure defense]]></category>
		<category><![CDATA[foreclosure lawyer]]></category>
		<category><![CDATA[lawyer]]></category>
		<category><![CDATA[real estate lawyers fort lauderdale]]></category>
		<category><![CDATA[south florida]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=759</guid>
		<description><![CDATA[If your home lender has served you with a foreclosure lawsuit, you have to act fast or you will lose your home.  Once you have been served with your foreclosure papers you have just 20 days to respond.]]></description>
			<content:encoded><![CDATA[South Florida Foreclosure Defense attorneys continue to be in high demand as the foreclosure rate in South Florida skyrockets.  If your home lender has served you with a foreclosure lawsuit, you have to act promptly or you can lose your home.  When you have been served with a foreclosure complaint the lender will obtain the judgment it is seeking if you fail to respond on time with a valid legal defense. </br>  
</br>
A knowledgeable Florida Foreclosure Defense Attorney on your side can help you protect your legal rights and interests.  The bank will definitely have a team of lawyers working for them. If you want to stay in your home, don&#8217;t you think you should have an experienced Florida Foreclosure Defense Attorney on your side?</br>
</br>
<a href="http://www.lawandmediationsofla.com/wp-content/uploads/2011/10/Broward-Foreclosure-Defense.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2011/10/Broward-Foreclosure-Defense.jpg" alt="" title="Broward Foreclosure Defense" width="290" height="150" class="alignleft size-full wp-image-760" /></a>There are many benefits to working with a Florida Foreclosure Defense Attorney.  The most important benefit is that the attorney will be able to review all of your loan documents and foreclosure papers to ensure that everything is in order and that the bank has followed all of the necessary procedures. If a lender fails to follow the requirements of the law, an experienced Florida Foreclosure Defense Attorney may spot issues that may require a Florida court to deny the lender&#8217;s foreclosure complaint.<br />
</br>
When you choose Law and Mediation, LLC as your South Florida Foreclosure Defense Attorney, we will give you an in-depth analysis of foreclosure defenses that may be available to you or your options outside of foreclosure.  If applicable, we will negotiate with your lender to find a solution other than foreclosure.</br>     
</br>
Call Law and Mediation, LLC today for a free consultation.  We are South Florida Foreclosure Defense Attorneys, and we are here to help you.</br>
</br>]]></content:encoded>
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		<item>
		<title>Broward County Business Attorneys: How Contracts Can Prevent Business Litigation</title>
		<link>http://www.lawandmediationsofla.com/features/broward-county-business-attorneys-valid-contracts-prevent-business-litigation/?utm_source=rss&#038;utm_medium=rss&#038;utm_campaign=broward-county-business-attorneys-valid-contracts-prevent-business-litigation</link>
		<comments>http://www.lawandmediationsofla.com/features/broward-county-business-attorneys-valid-contracts-prevent-business-litigation/#comments</comments>
		<pubDate>Sun, 02 Oct 2011 15:38:54 +0000</pubDate>
		<dc:creator>Stuart Reed</dc:creator>
				<category><![CDATA[Business Law]]></category>
		<category><![CDATA[Features]]></category>
		<category><![CDATA[Mediation]]></category>
		<category><![CDATA[Attorney]]></category>
		<category><![CDATA[broward]]></category>
		<category><![CDATA[business attorney]]></category>
		<category><![CDATA[business contract]]></category>
		<category><![CDATA[business law]]></category>
		<category><![CDATA[business lawyer]]></category>
		<category><![CDATA[Contract Dispute]]></category>
		<category><![CDATA[Contract Litigation]]></category>
		<category><![CDATA[florida]]></category>
		<category><![CDATA[law and mediation llc]]></category>
		<category><![CDATA[south florida]]></category>
		<category><![CDATA[stuart reed]]></category>

		<guid isPermaLink="false">http://www.lawandmediationsofla.com/?p=755</guid>
		<description><![CDATA[An effective Broward County Business Attorney can help your business to resolve business contract disputes and protect your business from litigation.  ]]></description>
			<content:encoded><![CDATA[<strong><strong>An effective Broward County Business Attorney</strong> can help your business to resolve business contract disputes and protect your business from litigation.</br>  
</br>
<div id="attachment_756" class="wp-caption alignleft" style="width: 300px"><a href="http://www.lawandmediationsofla.com/wp-content/uploads/2011/10/Valid-Contracts-Prevent-Business-Litigation.jpg"><img src="http://www.lawandmediationsofla.com/wp-content/uploads/2011/10/Valid-Contracts-Prevent-Business-Litigation.jpg" alt="Business Contracts" title="Valid Contracts Prevent Business Litigation" width="290" height="150" class="size-full wp-image-756" /></a><p class="wp-caption-text">Florida Business Contracts</p></div>The best way for South Florida business owners to protect their business from litigation is to have a clear and legally binding contract in place between all the parties.  Common types of <strong>business litigation in South Florida</strong> are lawsuits that are pertaining to vague contract terms or disputes arising because there is no legally binding contract in place.</br>  
</br>
Unfortunately, it frequently is not enough to have a verbal agreement in business, even if the agreement is between your business and your friend, neighbor or family member.  No matter what type of business transaction you are performing, whether purchasing services from a contractor, leasing or buying real estate, or hiring a new employee, a clear and legally binding contract can help you understand and protect your rights.</br>
</br>
If you or your business would like to prepare a clear and binding contract, or if you have suffered damages due to a breach of contract, Law &#038; Mediation, LLC can help to protect your interests and may be able to help you avoid <strong>litigation</strong>.  We are <strong>Broward County Business Attorneys</strong>, proudly serving all of South Florida, and we are here to help you.</br>  
</br>]]></content:encoded>
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