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RICHMOND, Va. (CBS19 NEWS) -- A new law will soon be going into effect that could help protect people from surprise medical bills.
According to a release from the State Corporation Commission, surprise or balance billing can happen when patients enrolled in managed health insurance plans get bills for more than their plan's cost-sharing amounts, such as deductibles and co-pays, from medical service providers who do not participate in the plan's network of providers.
Read moreThe New York City Council has passed two bills, Int. No. 1415-A and Int. No 1396-A, that, when enacted and effective, will impose significant obligations on covered New York City fast food industry employers.
These bills would expand New York City’s Fair Workweek Law to provide “Just Cause” protection from discharge and significant reductions in hours for fast food employees, require employers to engage in seniority-based reductions and rehiring if staff reductions are due to bona fide economic reasons, and provide for a private right of action. Mayor Bill de Blasio has described the bills as a “big victory for job stability and dignity” and is expected to sign the legislation. These bills would take effect 180 days after becoming law. When enacted, this legislation potentially will pave the way for a great overhaul of the at-will employment system that has long-defined the employer-employee relationship in New York State and New York City.
Read moreAs an extraordinary year draws to a close and a brighter one (hopefully) beckons, we consider whether the compromises and sacrifices everyone has had to make to mitigate the effects of COVID-19 will inspire a greater willingness to rely on non-contentious means to resolve international commercial disputes. ‘Tis the season to be merry and mediate? Or will international arbitration continue to be the dominant means for resolving cross-border commercial disputes in 2021?
Read moreDiane Buchanan lives with her daughter and her grandson in an apartment in Philadelphia. When the COVID-19 pandemic began, she recently told a committee of the Philadelphia City Council, her daughter lost her job as a hairdresser, leaving Buchanan to carry more of the burden of rent and bills. Schools closed, and her grandson started learning from home. The refrigerator stopped working, and the landlord “slow-walked” the repairs for months, she said. She started thinking she might get evicted over the dispute with the landlord. She thought she might be able to move in with her son, but he had a one-bedroom apartment — a dangerous situation during a pandemic. She also might be able to move to California and live with her brother, but she didn’t want to rely on him and lose her independence. Then she got a text message from a housing counselor, saying she was scheduled for a pre-eviction mediation with her landlord.
Read moreMarked by a global pandemic, closed borders and economic turmoil, 2020 has been a year without parallel for the field of international arbitration.
Despite the significant challenges that the year has brought, the tribunals, institutions and advocates that comprise the international arbitration system have responded with remarkable resilience and adaptability, pressing ahead with virtual negotiations, arguments and evidentiary hearings to ensure the continued availability of efficient arbitral process, even as access to national courts was severely restricted.
When parties are engaged in a dispute over their IP rights, the outcome of a case is determined by the facts of the dispute and the applicable law. However, mediation is an amicable way of resolving a dispute that allows parties to engage in a dialogue that is guided by their interests. When parties are engaged in a dialogue that is focused on their interests, this often results in a settlement that aligns with the interests of both parties. Furthermore, mediation generally results in time and cost savings for parties, as parties have control and certainty over the process to discuss and formulate a win-win solution for both parties.
Read moreThe International Court of Arbitration of the International Chamber of Commerce (ICC Court) and Abu Dhabi Global Market (ADGM) are pleased to announce the opening of a case management office for the ICC Court Secretariat in Abu Dhabi, United Arab Emirates (UAE).
Read moreMost landlords, tenants and indeed agents want tenancy disputes to be resolved quickly in order to avoid the need for court.
In the TDS Insured Scheme, before submitting a ‘dispute’, it is important that the member firstly ensures that the ‘dispute’ is eligible for Alternative Dispute Resolution (ADR). In some cases, there may not be a dispute at all; notification of proposed deductions to a tenant does not automatically give rise to a dispute. There must be a clear proposal of deductions set out and a clear rejection from the tenant. It is worth noting here, that any deadline given to a tenant when setting out a deduction proposal, while persuasive, is not compulsory. Once a member is satisfied that there is a dispute they must then:
Read more“Many businesses have been left with unpaid invoices due the financial implications of the pandemic. There has also been an increase in disputes resulting from companies struggling to meet contractual obligations for a number of reasons, sometimes outside their control. For example, goods being held up in other countries, the inability to continue work due to government restrictions or one party to the contract triggering their force majeure clause.
Read moreIn cases of disputes, the only way to resolve it was to bring it before the court. The judge hears both the parties and gives a decision accordingly. Earlier, it was the only solution, but later, it was felt necessary to resolve the disputes which were minor in a better, convenient, and cost-effective way. Mostly, the companies which do not want to drag cases in court and make their disputes public which would defame them were supporting alternative ways to resolve the disputes privately with secrecy. Another reason for its cause is that since all kinds of disputes were addressed towards the courts, they were having huge backlogs and burdens upon them. So, it was felt necessary to find alternatives for commercial and civil disputes.
Read moreWith all the difficulties caused by the pandemic, many parties are choosing to settle their disputes rather than take them all the way to a trial or final hearing. But how can they be sure that settlement terms will be honoured, once they have been agreed? Fortunately, the Singapore Mediation Convention has recently come into force, establishing a global set of rules that parties can rely on if enforcement is an issue. It only covers settlement achieved through mediation, and for the moment applies only to three countries (Fiji, Qatar and Singapore), but as more countries join it will prove a useful tool for resolving a wide range of international disputes. It should also encourage the use of formal mediation procedures in countries where they are not currently the norm.
Read moreThe Singapore Convention on Mediation came into force on 12 September 2020. This Convention (formally known as the United Nations Convention on International Settlement Agreements Resulting from Mediation) provides an effective mechanism for the enforcement of international mediated settlement agreements directly through the courts of the countries that have signed and ratified the Convention. India signed the Singapore Convention on 7 August 2019 but has yet to ratify it. The Singapore Convention did, however, lead to renewed calls in India for a stand-alone law on mediation. The Supreme Court even set up a committee to give a draft to the Government of India for its consideration.
Read moreThe Supreme Court has clarified that, unless it is specifically determined by a court of law that a landlord-tenant dispute cannot be referred to arbitration, an arbitration clause in an agreement shall be valid and fully enforceable.
Read moreHousing Initiatives of Princeton, a local nonprofit that helps low-income working families and individuals in and around Princeton avoid homelessness by providing them with transitional housing and temporary rental assistance, will manage a new round of rental assistance for people who need financial support to pay rent as the pandemic continues.
Read moreI WAS walking across the lobby toward the elevator of our office when I heard someone chastising one of the receptionists on duty. She was asking the receptionist why she does not have access to the meeting room on the 6th floor and she gratingly added, “Do you know who I am?” The receptionist scrambled to notify security to assist them, but the tension was not lost on anybody who was at the lobby at the time. She was, in fact, one of the executives of the company but based on her reputation, nobody wants to work with her—and for good reason.
Read moreMediation, neutral facilitation programs and restorative justice in higher education disputes involving Title IX and sexual misconduct
The Department of Education Office for Civil Rights issued new Title IX regulations effective August 14, 2020. These new regulations permit other methods of dispute resolution including mediation with expert mediators who are trained and experienced not only as mediators, but also as knowledgeable facilitators, trained in Title IX, who can effectuate a resolution of the case that empowers the student to engage in that resolution process. Thus, mediation would not only resolve the matter but would enhance the school’s educational mission as well. Since early this year, the world has had to adapt to the challenges of a pandemic where video mediations are the new norm. JAMS (the organization formerly known as Judicial Arbitration and Mediation Services) has successfully conducted these mediations through videoconferencing from the onset, and are proud to be leaders on this front.
Read moreIn an important development for businesses engaged in cross-border transactions, the International Chamber of Commerce has amended its arbitration rules effective January 1, 2021. The amendments are designed to increase the efficiency, flexibility, and transparency of ICC arbitrations, while largely maintaining the core provisions that have made the ICC one of the most popular international arbitration institutions in the world. As a result, ICC arbitration may be an attractive option for parties who may have previously viewed ICC proceedings as too slow and expensive.
Read moreWorkplace conflict is an unfortunate reality for anyone who works with other people. A workplace of any size contains some degree of difference in values, life experience and personal motivation that inevitably creates disagreement among co-workers, while customer-facing employees can face conflict on an hourly basis. There is no question that a workforce with diverse backgrounds and viewpoints fosters creativity and problem-solving, and sometimes, sharing moments of conflict with customers can be an opportunity to strengthen bonds with fellow employees. Unfortunately, other times, these moments of conflict escalate into stressful and tense situations – and these instances have been magnified by the Covid-19 pandemic, as everyone is coping with some additional layer of uncertainty, anger and frustration.
Read moreAt the time of writing this article the final outcome of the Brexit negotiations hangs in the balance. Amidst the myriad of possible issues to consider, one area that tech companies may have overlooked is taking steps to improve their ability to recover outstanding debts post Brexit. Whether you are selling software, hardware or services into Europe there are several clauses in your standard terms and conditions you should review that may make life easier if you become embroiled in a dispute.
Read moreIncluding a contractual dispute resolution provision in an agreement may reduce costs, expedite resolution, and potentially lead to a more favorable outcome. But a poorly crafted provision can do just the opposite. Below are key recommendations for drafting effective contractual dispute resolution provisions:
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