The Towing Path

A mediator needs to develop several abilities: 1) attentiveness 2) ethics 3) emotional intelligence 4) subject matter expertise 5) decisiveness.

ATTENTIVENESS

The most important ability for a mediator is to pay attention. One eminent historian has written that our entire society suffers from attention deficit. [Niall Ferguson: Colossus, 2004] The plain and awful truth is that people do not pay attention. They live their lives in information overload, thinking about what to do or say next.

The word “attend” comes from the Latin attendere to bend to, notice. Attend has a number of meanings including 1) to be present at, 2) to accompany, 3) to take care of: minister to, devote one’s services to, 4) to wait upon, 5) to take charge of, 6) to listen to, 7) to apply oneself, to pay attention: listen or watch attentively, 9) to be present.

If a mediator did literally nothing else but pay attention, the results would be remarkable.

Attention is an interesting quality. It can be fixed or floating. It can be focused or scattered. It can concentrate on one thing, or several things or many things. It can take in many things at once. A person who practices paying attention will find it is ability easily developed, and will greatly increase one’s awareness of what is going on.

Paying attention, properly understood, is not terribly hard work but on the contrary, has a light and airy quality. For example, a person absorbed in a book or a movie or a piece of music or a football game is paying close attention, but without a great deal of effort. It is easy to pay attention when one is interested in the subject matter.

The opposite of attention is distraction.

Chaos is complex; order is simple. Parties in conflict are entangled in complexity. The job of the mediator is disentanglement and simplicity.

“Don’t just do something; stand there.” Albert Camus

ETHICS

Ethical means: 1) pertaining to or dealing with morals or the principals of morality; pertaining to right and wrong in conduct. 2) In accordance with the rules or standards for right conduct or practice, especially if the standards of a profession: “it is not considered ethical for physicians to advertise.” Synonym: moral, upright, honest, righteous, virtuous, honorable. [Webster’s Dictionary]

The subject of ethics concerns itself with action, with right or wrong conduct. Perhaps many people may not think much about ethical implications, as such, as they go about their daily business, but in fact, every day contains choices and decisions that implicate oneself and other people. Maybe some are more conscious than others about consequences: nonetheless, all choices and decisions have consequences, and this is the subject of ethics.

The daily human preoccupation with ethics was never better expressed than by John Bunyan in the opening paragraph of his great work written in Bedford jail.

“And behold, I saw a man clothed with rags standing in a certain place, with his face from his own house, a book in his hand, and a great burden upon his back. I watched, and beheld him open the book and read therein, and as he read he wept and trembled, and not being longer able to contain, he brake out with a lamentable cry, saying: ‘What shall I do?’”

“Pilgrim’s Progress”

The question is not “who am I?” or “where have I come from?” or “why do I have to die?” or “what is my destiny?” but “what shall I do?” That question contains two qualities: (1) it refers to action, (2) it pertains to the future.

Because ethics concerns itself with right action, it pertains to the mediator who has a duty to be impartial as between the parties. Mediators are also called “neutrals”, but, although that word has stuck, it does not successfully describe the function of a mediator.

Neutral means: “(of a person or government) not taking part or giving assistance is a dispute or war between others.” It is a condition in which the third party stays out of the conflict, giving no help to either side. If a mediator were truly neutral, there would be little point in seeking her assistance; the parties could use a stuffed doll instead.

“The hottest place in Hell is reserved for those who remain neutral in times of great moral conflict.” Martin Luther King, Jr.

“Impartial” is a different word with a different meaning. It means: “not partial or biased; fair; just: ‘an impartial judge.’” Yet a judge has the responsibility of judgment, of deciding in favor of one side; the judge may be impartial at the beginning of a case, but is entirely partial by the end. That is the function of a judge, but not a mediator. As used in connection with mediation, “impartiality” suggests full yet even-handed involvement, giving as much assistance as ethically possible to all sides in the conflict. Of course, the question always is: How much is ethically possible? That is why the distinction between evaluative and facilitative mediation is not merely a matter of style. A facilitative mediator has made the choice not to evaluate for the parties, while an evaluative mediator is willing to state an opinion. Such decisions necessarily involve considerations of right or wrong conduct in the context of mediation, that is to say, ethics.
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There is always a power imbalance between parties to a dispute. Does the mediator seek to address, and adjust, the power imbalance, by lending a bit more weight to the weaker side? Is such “tipping the scales” in favor of greater balance between the parties to be considered an exercise in partiality or impartiality? Sometimes one party appears with an attorney, the other without one; the person with the attorney is nearly always at an advantage. Should the mediator attempt to redress the power imbalance by helping the unrepresented party understand the legal ramifications of the situation, and the possible perils buried within it? Or is the correct action simply to recognize the power imbalance, and do nothing to prejudice the stronger position of one of the parties?

What if both parties are represented, one by an attorney who knows the file, the other by an attorney who is clearly unprepared? Should an experienced lend a hand to an inexperienced lawyer, or unrepresented party?

What if one attorney has overlooked something that will tilt the balance of the negotiation in favor of her client? What is the mediator’s responsibility?

Is impartiality even possible, particularly after meeting the disputants and hearing their respective stories? Does the mediator not naturally incline to one side? The Standards of Mediation Practice simply advise: “A mediator shall avoid conduct that gives the appearance of partiality to towards one of the parties.” How does one reconcile that standard with the duty of honesty and transparency? This is not the problem of bias or prejudice, which is conceptually simple because it is clearly not acceptable, but a question of ethical conduct, because after the two sides of a conflict are laid out, often it is plain that one side has the better of it; then should the mediator close her eyes to the obvious, or join the parties in denial, or simply dissemble, presenting the mask of an impartiality she does not feel? And if not, then what is she to do? This is the concern of ethics.

“Every word is a bias or an inclination” Nietsche

During the course of the mediation, a mediator may come to have a clear view of the respective merits of the parties’ positions; should she express her own views to the parties? Sometimes, parties do want such an evaluation from the mediator, which is why they may choose a retired judge, who is has spent years in the courtroom making such judgments, but what if the parties do not ask for an evaluation? What if one party is stubborn in insisting on a position that is wrong, unjust, and cannot possibly win? Should the mediator take that person to one side, privately, and explain to him the realities of the situation?

Mediation practice standards stress three essentials (1) impartiality (2) confidentiality (3) voluntary participation. What if one party desires to speak privately with the mediator, and then confesses to a crime? What if the confession involves an offence with a child? What is the mediator’s obligation (a) if she in an attorney (b) if she is a mental health provider (c) neither?

EMOTIONAL INTELLIGENCE

“Le Coeur a ses raisons que le raison ne comprend pas.” Blaise Pascal

The heart has its reasons that reason does not comprehend, Pascal’s famous aphorism, is the subject of the study of emotional intelligence.

The phrase “emotional intelligence” refers to an ability that is not much prized, and certainly not taught, in our society and educational systems, though it certainly should be. There are some excellent books on the subject. The phrase itself is something of a deliberate oxymoron, because the emotions are normally distinguished from the activity of the intelligence, but it expresses the need to relate empathetically to what is being communicated by another person, including the emotional drives underlying such communication.

The topic of “body language,” concerns itself with developing emotional intelligence, which is not an abstract or esoteric ability, but can easily be learned by taking the trouble closely to observe the behavior of other people. It helps the mediator to learn to relate empathetically to the parties, if they are to feel that they have truly been heard in expressing their grievances and needs, which is an essential step in the mediation process, because it leads to a willingness to negotiate a resolution.

In considering broad categories, any person is either more or less open, or more or less concealed. Some people are deliberately concealing themselves, trying to deceive, while others just do not know how to be more open. The latter are not concealing so much as protecting themselves. Some people pretend to be open, while in fact concealing a great deal. Everyone is on a continuum between being completely closed and completely open, and people may vary a great deal in the course of an hour as to how much they are willing to reveal, and how much they wish to conceal.

The mediator is not a therapist, and is not trying, generally speaking, to achieve a breakthrough in openness, except for those mediators who regard themselves as transformational, and their mediations are generally designed to take a good deal longer than a regular mediation. Where parties have come together to talk about their differences, and negotiate a solution, the mediator is only interested in achieving enough honest communication between them that they can achieve the result that they came for.

With emotion, it needs only to be remembered that emotion is a movement, and there are only four possible movements (1) movement forward; (2) movement backward; (3) movement splattered in all directions; (4) no movement at all. The emotional state in which the mediator would like the parties, is the emotion of “interest,” in which the parties are moving forward, interested in the situation they are in, and willing to work on resolving it.

SUBJECT MATTER EXPERTISE

Subject matter expertise is something that can be learned by a mediator, by which is meant expertise in the subject matter of the particular dispute, for example, construction, family relationships, childcare, commercial relationships, contracts, labor relations, environmental, governmental, tort, contract, and so on. Some parties, in choosing a mediator, deliberately seek some subject matter experience, and therefore, as a matter of marketing, it may be helpful for a mediator to acquire and therefore be able to advertise certain subject matter expertise.

However, it will be found that, once the mediator has mastered or become proficient in the craft of mediation, that the skills can be applied across a wide variety of subject matters. Some people always insist on choosing a retired judge, because judges have experience in the conduct of trials, even though a judge may know less than the attorneys - this is because attorneys nearly always specialize, whereas judges, once they are on the bench, take a random variety of cases that come before them.

The particular expertise of an experienced judge is in predicting the likely of a case. But if a mediator wishes to mediate in the area of, say international relations or environmental controversies, then in order to acquire business, it will probably be necessary to acquire some expertise in the subject matter, in order to be able to present credentials that will serve to enforce credibility.

DECISIVENESS

Decisiveness is essential in a mediator, because she cannot allow a mediation to wallow for any great length of time, without the parties becoming impatient, except in those relatively uncommon instances where the mediation is designed to be “transformational” and partakes of many of the qualities of therapy. The mediator has to decide, generally, who to speak to, when to speak to them, what to say to them, how much to allow them to say, because she has an obligation to create a momentum and keep it going. There is a purpose in view, and there is generally a time limit, and unless the parties feel they are making some progress, they are likely to be discouraged and the mediation may fail to achieve its purpose, which is to affect resolution.

In summary, these five qualities are skills that can be learned and developed. They are basic yet profound. Attentiveness is the foundation of communication skills, but must be combined with decisiveness because it is up to the mediator to make things happen. Action must happen but it must be right action, which is the subject of ethics. The mediator must develop sensitivities that are not accessible to pure reason, and this is the subject of emotional intelligence. The mediator must be able to talk the same language as the disputants, which means some subject matter expertise.

The scarcity of these qualities is why the mediation is happening at all. The mediator supplies what is missing to enable the disputants to settle their dispute and move on with their lives.

It has been said that people get attached to their problems and conflicts, but the reality of conflict was never better expressed than by General William Tecumseh Sherman: “War is hell,” and it is a service to people to help them find resolution.

Charles B. Parselle is a mediator, arbitrator and attorney. He graduated from Oxford University’s Honor School of Jurisprudence and is a member of the English bar, then joined the California Bar in 1983. A prolific author and sought-after mediator, he is the author of the book, “The Complete Mediator.”

For a free consultation, please contact him through his website: http://www.parsellemediation.com

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Okay, you have come up with a fantastic idea that will solve all the woes of the universe - or at least make you $millions$ - what do you do? How do you start?

Well, the first thing to do is get all your ducks in a row. Start a hard-bound journal and put everything in writing. Draw pictures or diagrams of how your invention works. Date and sign each page, and get someone you trust to look at it and date and sign too.

Then, get ready to spend some money. Sorry, but it takes money to get things going. If your idea is worth anything - which you can find out through the process - you should file for a patent.

A patent gives you 20 years from the filing date the right to keep others from making or selling your invention without your permission. That gives you time to develop and sell your invention in the marketplace. Believe me or not, getting the patent may be the easiest part. About 99% is in the development and marketing of the idea.

To get a patent it is best to find a registered patent attorney or agent. I know, attorneys are sharks. But in this case, their knowledge will get through the government bureaucracy a lot faster and easier than you can by yourself.

To give you an idea of what you are going to face when getting into the patent process, here are some FAQ’s to help you understand better - maybe.

PATENT FAQ’s

Q: What do the terms “patent pending” and “patent applied for” mean?

A: They are used by the inventor - or his manufacturer or seller of his product - to inform the public that a patent application has been filed with the Patent and Trademark Office (”USPTO”). You can be fined if you use these terms falsely and deceive the public.

Q: Is there any danger that the USPTO will give others information contained in my patent application while it is pending?

A: No. All patent applications are kept in strictest secrecy until the patent is issued. After the patent is issued your file is made available in the USPTO Files Information Room for inspection by anyone and copies of the files may be purchased from the USPTO. (The Files Information Room is where searchers go to prepare their patent searches - which are needed to complete a patent application)

Q: May I write directly to the USPTO about my application after it is filed?

A: The USPTO will answer questions regarding the status of the application, whether it has been rejected, allowed, or pending action. BUT, if you have an attorney representing you, the Office will not correspond with both of you. The best practice is for all comments be forwarded through your attorney. Another thing - it can take some time before your application will be assigned to an examiner, and what is called an “office action” will happen. Patience is needed.

Q: Do you actually have to go to the USPTO to do business with them?

No. Most business with the USPTO is done in writing and through correspondence. Interviews with Examiners are sometimes necessary (and sometimes helpful) but a lot of them are done by phone by your attorney. The expense of a trip to D. C. is seldom necessary.

Q: If two or more persons work together to make an invention, who gets the patent?

A: If each person had a share in the ideas forming the invention, they are considered joint inventors and a patent will be issued jointly if they make it through the application process. BUT, if one person provided all the ideas for the invention - and the other person(s) has only followed instructions in making the invention, the person with the ideas would be considered the sole inventor - meaning the patent application and the patent itself shall be in his/her name alone.

Q: What if one person supplies all the ideas to make an invention - and another person either employs him and/or comes up with the money to build and test the invention - should the patent application be filed jointly?

A: NO. The application MUST be signed by the TRUE INVENTOR - and filed with the USPTO in the true inventor’s name. This is one time money doesn’t count. It is the person with the ideas - not the employer - not the money man - that gets the patent. If the greedy, blood-sucking, viperous, money-grubbing, creatively non-contributing money man or boss wants any part of the invention, he would have to get his hold through a contract or license on the invention - not the patent itself.

Q: Does the USPTO control the fees charged by patent attorneys and agents for their services?

A: No. This is strictly a matter between you and the attorney or agent. Fees vary - as do attorneys and agents. You should feel comfortable with your choice. It would be best to ask up front for estimates on charges for: (a) a patent search; (b) The preparation of a patent application; (c) drawings to accompany the application; and, (d) the prosecution of the application before the USPTO. (NOTE: an attorney can only give you estimates. The cost of a search, and the application with drawings is pretty well determinable up front. But the prosecution step depends on the Examiner and what he does and doesn’t like about your application. There may be amendments that have to be made (expect at least one), and negotiations to transpire, which all take time and effort from the attorney)

Q: Will the USPTO help me pick an attorney or agent to do my search or prepare my application?

A: No. The USPTO cannot make this choice for you. The Office does maintain a list of registered attorneys and agents. Also some bar associations have lawyer referral services that may help you. If you have a general attorney, although he can’t help you directly if he isn’t a registered attorney with the USPTO, he may help you with a referral.

Q: Will the USPTO advise me about whether or not a certain promotion firm is reliable and trustworthy?

A: No. The USPTO has no direct control over such organizations. While the USPTO does not investigate complaints about invention promoters or promotion firms - or get involved in any legal proceedings relating to such firms - there is a public forum to publish complaints against such firms. The protections you have from patent promotion firms is spelled out in laws passed in 1999. These promotion firms have specific duties of disclosure under this act. [See http://www.gadgets-gizmos-inventions.com for more info]

Q: Are there any organizations that can tell me how and where I may be able to get some assistance in developing and marketing my invention?

A: Yes. Organizations in your community - such as Chambers of Commerce and banks - may be able to help. Many communities have locally financed “business incubators” or industrial development organizations that can help you locate manufacturers and vulture (I mean Venture) capitalists that might be interested in helping you. Do your homework - check, check, check - and be careful. Q: Are there any state government agencies that can help in developing and marketing my invention?

A: Yes. Nearly all states have state planning and development agencies or departments of commerce and industry that seek new products and articles to manufacture, or processes to assist existing manufacturers and communities in the state. A lot of these agencies are online - or at least have listings in telephone books. If all else fails - write your state governor’s office.

Q: Can the USPTO help me in developing and marketing my invention?

A: No. the USPTO cannot act or advise concerning any business transactions or arrangements that are involved in the development and marketing of an invention. They will publish the fact that your patent is available for licensing or sale in the Official Gazette - at your request and for a fee.

Q: How do I start?

A: First, of course, you have to have an idea. Then that idea has to be put down in a form so that it can be understood at least by a person that is experienced in the field of endeavor that concerns the invention. This usually is a written description and a drawing. Whatever it takes to explain the invention.

The next step is a patent search - to see if someone else has come up with a similar idea. A lot of times this is the case. And, a lot of times your idea may be enough of an improvement to be unique enough for a new patent. There are search firms available - and most patent attorneys have access to their own favorites. It is best to commit only to the patent search at first. Do not sign a contract for anything else just in case the search finds your invention with no way to find “novelty” and “non-obviousness.”

If the search report looks good (watch out for the hype artists), it is time for commitment. Choose your attorney and let it fly.

It is possible to file a patent application by yourself - but really - it is like you going into a restaurant in Paris, France that is, and trying to order from the menu. unless you know and speak the language, you won’t get what you want. In the case of a patent, the USPTO will throw you out - even if your invention is great - because the application does not speak their language.

© 2006 Gary Cogley

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You could save hundreds of dollars by incorporating yourself without a lawyer. How? Is it advisable to do so?

1. This is Not Legal Advice!

The only ones who should be giving legal advice are those licensed to practise law (in other words, only lawyers). This article is not legal advice. If you need legal advice, consult a lawyer.

This article is being written simply to inform you that it is possible to form a corporation or limited liability company without a lawyer.

2. Why Use a Lawyer?

First of all, if you make a mistake incorporating yourself, who do you sue? You only have yourself to blame. On the other hand, a lawyer has insurance to cover errors and omissions.

Secondly, you could benefit from the expertise of your lawyer. Perhaps a corporation isn`t the right vehicle for you under your circumstances. Be aware that there can be disadvantages as well as advantages to incorporating. Your lawyer can consider commercial law, securities legislation, limited liability, tax factors, estate planning, share structure, and a myriad of other business considerations. Sometimes the advice of a good lawyer can save you thousands of dollars.

3. Is it Advisable to Incorporate Yourself?

Is it advisable to perform surgery on yourself? It is illegal to perform surgery on someone else unless you are licensed to practise medicine, but perhaps in a wilderness survival scenario, self-surgery might be your only option. However, is performing surgery on yourself really a good idea in most instances?

Likewise, just because it is possible to incorporate yourself without a lawyer doesn`t mean it is always a good idea.

In some jurisdictions, only lawyers can incorporate others. For a paralegal or other person to incorporate a company for you could be considered unauthorized practise of law. Thus, it may be legal to incorporate yourself but not others.

Some factors you might consider are: Am I really that short of cash that I can`t spend the extra money for good legal advice that may save me thousands of dollars? Am I confident that my situation is one that really doesn`t need the services of a lawyer to incorporate? Can the money saved on legal fees be better utilized in financing other aspects of my business?

Each person will have to make their own decision on whether or not to seek the services of a lawyer in forming a corporation.

“He who has himself as a lawyer has a fool for a client.” I have often thought that perhaps a law firm originated this common expression.

4. How To Incorporate Yourself

Many books have been written by lawyers on how to incorporate yourself.

For example, in Canada, M. Stephen Georgas, LL.B., has written books on the subject of forming your own corporation. Published by International Self-Counsel Press Ltd., he has authored “Incorporation and Business Guide for Ontario” (”How to form your own corporation Includes tax advantages to incorporating”) and “Federal Incorporation And Business Guide” (”How to form your own Federal corporation under The Canada Business Corporations Act”).

The same publisher sells forms and minute books as well as titles for incorporating in other provinces of Canada.

Forms, corporate supplies, name searches, and kits are available from legal stationers and other sources.

In the United States, there are likewise many manuals available for incorporating yourself in various states. “Incorporating Your Business For Dummies” by The Company Corporation and “How To Form Your Own Corporation Without a Lawyer for Under $75.00″ by Ted Nicholas are two such books.

Sometimes helpful information on this subject is available from federal, provincial and state governments for free or nominal cost.

You can sometimes locate incorporation manuals at your local library for free. Be careful. Legal manuals become outdated very rapidly. You might consider very seriously purchasing the most up-to-date manual available; it might also include helpful reference material on maintaining corporate minutes and other helpful suggestions on operating your corporation.

Buy the appropriate manual and supplies and then follow the instructions. With a little effort, you could save hundreds of dollars incorporating yourself without a lawyer.

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Each year, millions of people are being harmed by defective products. A defective product is a product that causes injury or harm to a person. A product may be considered to be defective for many different reasons such as design defect, failure to warn, failure to guard, unfit for intended use, defect in construction, or a defect in materials. With this, defective product claims can be based on negligence, strict liability, or breach of warranty of fitness depending on the jurisdiction within which the claim is based.

No matter how big or small, you must file your defective products claim and see what your legal rights are. Basically, liability and damages are two important elements in every defective products law case. A liability involves demonstrating that the person being charged did bear responsibility for the injury. The damages, however, refer to the extent or amount of injury or loss that was suffered on account of the defendant’s actions or negligence.

Know what, defective product cases require extensive resources and experience. Expert witnesses can cost tens of thousands of dollars just for an initial evaluation. Not every lawyer has the resources or connections to utilize the top experts. In addition, product liability cases require originality, creativeness, fortitude and the resources to cover the high expenses involved. Representing injured parties is often expensive for attorneys because they put up large sums of money on these complex cases in order to hire experts, take depositions, gather evidence, and oppose the lawyers of large companies and insurance firms.

Upon winning the case, you are entitled to compensatory damages such as your medical bills incurred as a result of the product defect, reimbursement for any time lost from work, and property damaged as a result of the defective product. You are also entitled to damages for pain and suffering you experienced as a result of your injury. If you are married and the injury has affected the relationship with your spouse, you may be entitled to loss of consortium damages. Your spouse may also be able to recover these damages, even if he or she was not directly injured by the product.

Indeed, to avail the service of a competent counsel is the best way to protect your interests if you have been injured by a defective product. So, if you or your loved ones have been injured because of what you believe is a product defect, you should consult a defective product lawyer at the earliest opportunity to protect you right of recovery. Through an attorney, you’re assured that a thorough search will be performed to locate and then sue all the proper parties if a lawsuit seems justified.

Simply speaking, in every defective product claim, if it wasn’t your fault then someone must be held responsible, and if you’ve been injured then you may be able to recover compensation.

For additional legal information and inquiries about the article log on to http://www.attorneyservicesetc.com

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The intellectual property transfer market is now estimated to be worth over $100 billion. If you have a new idea, an invention, a new art or craft, you may be able to license it or sell it for millions of dollars. Many Fortune 500 companies are now making their intellectual property available for sale or licensing at new online intellectual-property exchanges. These companies are trying to maximize their return on research and development investment and generate a new source of revenue by licensing their unused and underutilized inventions to others.

A number of online forums, including Minnesota-based NewIdeaTrade.com (http://www.newideatrade.com), California-based Pl-x.com (http://www.pl-x.com), and Connecticut-based PatentTriage.com (http://www.patenttriage.com“) now link buyers and sellers of intellectual property. The traditional transfer of intellectual property is complicated, costly, and can take up to one year. However, these online forums simplify and speed up the process for transfer of new ideas.

The Internet currently reaches more than 600 million users around the world. This makes innovators’ potential for exposure much higher than with traditional forms of media. The worldwide online commerce has reached $2.2 trillion in 2002 and is expected to reach $6.8 trillion by 2005. The innovators today can leverage the massive reach of the Internet and promote their new ideas to the global market without substantial marketing costs.

Additional information on how to market intellectual property is available at http://www.newideatrade.com.

About The Author

Neil Armand
Intellectual Property Professional
Global Commerce & Communication, Inc.
Telephone: 320-253-3139

URL: http://www.gcchq.com

gcci04@yahoo.com

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I’ve visited umpteen alpine snowboarding resorts e.g. Les Contamines-Montjoie, Les Orres, La Grave and Megeve, however in all the family’s ski holidays Chamonix has to be my number 1 area to go for ski holiday.

The place of birth of alpine history and home to the awesome Monte Bianco - at 4807m European Unions’ highest peak - Chamonix village touts a unmatched historical snow record, a abundant ski season (December-May), peerless exhilarating snowboarding, and vistas to die for. Indeed Chamonix town has an world reputation for more or less the most spectacular, hard, and stimulating downhill skiing procurable anywhere in the planet.

The Chamonix valley is large and every bit as bedeviling, and that’s before we figure in the adjacent ski resorts; such as Val Thorens, La Plagne, Avoriaz, Le Tour and Bessans.

The Monte Bianco skiing lift pass includes 6 nearby, and 11 regional skiing domains; with terrain upwards of 3841m, upwards of 210 snowboarding lifts, and 750 kilometers of piste - and the majority of the snowboarding areas above 2020m. It provides for each grade from starters including experts. Come to the skiing fields page for up to date look at the popular resorts: Brevent, Alpe d’Huez, Chastreix-Sancy, Les Grands Montets, Verchaix and Espace Killy.

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When I was a kid, I was one of the scrawniest boys on the block. So as I got older, my desire to be physically bigger and stronger almost became an obsession.

When it was the right time to begin my weight and muscle-building training, I made sure everyone in my home knew what I wanted to do. And it was my dad who gave me some of the best advice.

“I understand your desire son, and I want you to know we’re with you. I just want you to be safe and do things the right way,” he told me. My first trainer was the father of a friend of mine who swore by Whey Protein as a great way to get started at a young age.

When our second son was diagnosed with a milk allergy at age 2, it was kind of a shock to us, but one that was easily managed. The hardest part about the experience was determining what food products contained milk and its derivatives.

And since all food products must list every ingredient on its label, all my wife and I had to do was learn the various terminology of milk. As it turned out, milk is mentioned in many ways and one of the most popular is Whey Protein.

Whey is milk in its basic protein form. So once we figured that out (among others) we were good to go.

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It is important to be a very careful consumer when it comes to home improvement contractors. For instance, I had a case where my client, an elderly and blind woman, signed a contract and paid $30,000.00 to a home improvement company that disappeared with all of her money! Unfortunately, the company was a scam operation, my client lost her life’s savings and it will take some time in court before my client may ever see her money again however, her mistake will be a lesson to all of you because this article explains how to protect yourself from home improvement fraud.

Before signing any contract with a home improvement company, first ask that company for its license number and check it out with your State or County Consumer Affairs’ Business License Division. Find the License Division on the web or call information and get their number. You want to find out (1) the name and address of the company associated with the license number given to you, (2) if the company is currently licensed and the license expiration date and (3) whether any complaints have been made against that company. The answers to those questions will help you determine if you want to proceed with signing a contract. Make sure both the contractor and the company he works for are licensed to work in your State.

If your going to sign the contract then make sure certain things are included pursuant to your understanding and as required by your State’s Home Improvement Business Law. The contracting company’s name, address and phone number should be printed on the contract. Also, it is important that the contracting company’s home improvement license number is printed on the contract and that it is not different from the number you called and inquired about with Consumer Affairs. Lastly, make sure that all of the work to be performed is listed in the contract and that the approximate start and end dates of work are included. You should put a penalty clause in the contract regarding the contractor’s failure to timely complete the work because contractors are notorious for starting jobs and then leaving for a few days or weeks to do other jobs while you sit and wait in your dismantled kitchen for him to return. Once the contract terms are satisfactory then the contract should be signed by both you and the company’s representative.

An example of a consumer protection law is New York’s General Business Law 771 (”GBL”) requiring all home improvement contracts shall be in writing and contain certain terms of payment, fees for services and materials and start and completion dates, among other terms. GBL 771 is a consumer protection statute to prevent the misunderstandings between contractor had consumer and to protect the consumer from overreaching of the contractor, such as charging for work that was not agreed upon. GBL 771 limits the contractor who disregards its written contract requirements to satisfactorily proving to a court each and every item of work he did and the reasonable value of each item by detailed invoices, timesheets and proof of hourly rates, among other proofs. So, if the contractor who failed to put your home improvement work in writing attempts to collect $20,000.00 from you, he has to prove the value of his services in detail before scaring you into paying an amount you had no idea about. New Jersey’s Consumer Fraud Act and the Home Improvement Act protect the consumer even more by denying the contractor from recovering any monies if he violates any of the consumer laws AND he will pay three times the amount of damages (called treble damages) to the consumer for his failing to obtain proper permits or licenses or any other violation of those laws.

Lastly, protect yourself by not paying 100% upfront. Most contracting companies ask for a deposit upon your signing the contract. I suggest that you put down as little as possible and arrange a payment schedule with the company where you will pay a certain amount as certain work is completed. Of course, always get a receipt, signed by the company and stating the date and amount of any monies paid to the company if you pay anything in cash.

This article is certainly not all inclusive and is intended only as a brief explanation of the legal issue presented. Not all cases are alike and it is strongly recommended that you consult an attorney if you have any questions with respect to any legal matters.

Any questions and/or comments with respect to this topic or any other topic, contact:

http://www.appellate-brief.com

Law Offices of Susan Chana Lask

853 Broadway, Suite 1516

New York, NY 10003

(212) 358-5762

Susan Chana Lask, Esq. c 2004

Susan Chana Lask is named in the media as New York’s “high powered attorney”. She practices sucessfully all civil, criminal & appeals cases in State & Federal courts nationwide. http://www.appellate-brief.com

scl@appellate-brief.com

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Clarisse, a friend of a prominent personality in Long Beach ask her lawyer about small claim services, she said, “Up to what amount should it still qualified to be a small claim?”

Her lawyer nodded and said, “It depends.”

Since Clarisse does not know the law well, so she does not post further questions on her lawyer but there is still doubt in her that somehow stained the relationship of her with her very own lawyer.

Read on and be informed. There is no harm if you try to know these sorts, right?

There are several small claims courts that provide an easy means for people in their respective states to settle disputes of under $5,000 without the aid any lawyer. For instance, when it comes to minor traffic problems, accidents and disputes, landlord and tenants issues, bad checks, breaches of contracts and so on, small claim courts allow the people to seek justice without the law taking into their hands.

Even though these courts are designed to be user friendly, still the whole legal process often intimidates and confuses the lay people that prevent them from going forward with an otherwise perfect case. There is a whole industry built around legal support services.

The lawyers contact out all kinds of work including legal research, court document retrieval and filing, asset location and many others. Oftentimes, the lawyer needs the services of private investigators and expert witnesses. All of these are available to individuals seeking relief in small claim courts.

A small claim case for instance begins with a complaint and the plaintiff files the complaint with the court to start the claim. However, the defendant must be served the complaint that means that the complaint must be hand delivered to the defendant. Experienced wise process serves to know all the tricks when it comes to locating and serving evasive defendants.

Bear in mind that if the defendant has been served the complaint, the process ever must file a proof of service with the court and this usually happens 15 or 20 days before the hearing, depending on where the defendant lives. This will give the defendant time to build a defense or make counterclaim. The law says that anyone that is more than 18 not involved with the case can serve the complaint.

The process however, serves charge very reasonable fees and they know how to correctly file the proof of process. Well, it is often better and recommended to invest a little money to get the job done right and hassle free.

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SUV (Sport Utility Vehicles) sales have sky-rocketed in the United States over the past few years. In 2004, SUV’s accounted for 25 percent of all new-vehicle sales with over 22 million on the road. Because SUV’s are larger, and heavier than other cars, buyers often times overlook the safety issues concerning them. Unfortunately, SUV’s have the leading cause of rollover death on our highways. New statistics show that more than 12,000 people died last year in rollover accidents with SUV’s accounting for 62 percent.

In Florida, SUV sales are rising and so are the problems that come along with them. Because SUV’s have a higher center of gravity, they are the most unstable and rollover-prone vehicles on the road today. Many SUV’s are designed to be driven off-road, however very few are equipped with proper equipment such as roll bars. In addition, only a few meet the National Highway Traffic and Safety Administration roof safety standards.

If you or someone that you know has been the victim of an SUV rollover you should seek help immediately. An experienced SUV attorney can help you understand the complex legal system to ensure that you receive the compensation you deserve. Don’t let legal time constraints impede or terminate your case before it happens. Contact a lawyer immediately!

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If you have been involved in an accident contact a Florida lawyer today for your free case
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