The Mediation Option
March 3, 2010 | Scott M. LepakAs a law firm that started during the great depression of the 1930’s, Barna, Guzy & Steffen understands that innovation is the key to success for a law firm. As the economy places great stress on businesses and individuals, Barna, Guzy & Steffen offers services that are designed to allow legal matters to be addressed in a more efficient and cost effective manner. One example is mediation. Civil matters filed with the courts now must utilize an alternative dispute resolution process prior to going to trial. Mediation is, by far, the most common form of alternative dispute resolution. Family law cases strongly encourage mediation prior to a court case. Unlike binding arbitration, mediation is not a final decision imposed on the parties. Mediation is binding only if the parties reach an agreement at the end of the process that they choose to make binding. While anyone can be a mediator, only individuals with special training are qualified neutrals. Qualified neutrals, also called qualified neutrals under Rule 114 of the Minnesota General Rules of Practice, may act as neutrals in court-referred cases and are subject to their own ethics board. At Barna, Guzy & Steffen, the qualified neutrals under Rule 114 of the Minnesota General Rules of Practice, are also practicing attorneys. They utilize…
Read MoreMilitary Leave Law
December 20, 2009 | Scott M. LepakThe federal Uniformed Services Employment and Reemployment Act was enacted into law on October 13, 1994. This law clarifies and expands upon the Veterans’ Reemployment Rights Act. It provides that an individual has the right to return to work following a leave for uniformed service. In order to be entitled to reemployment: 1) the employer must receive notice of the impending service from the employee or uniformed service; 2) such service leave may not exceed five years (subject to some exceptions which allow for a longer service leave); and 3) the individual must report or reapply to the employer in a timely manner following the service. What is considered a timely reporting or reapplication depends upon the length of the leave and whether the individual has been injured or has incurred an illness while in the uniformed service. Upon returning from a leave of at least 30 days but less than 180 days, an employee may not be discharged without just cause for a period of 180 days. If the leave was greater than 180 days, the returning employee may not be discharged without just cause for one year. Seniority-related benefits decisions must take into account and include the period of time that an employee is on such military leave. This type of…
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