Bullies use aggressive behavior (physical and verbal) to intimidate and coerce others.  Bullies show up in all aspects of life, including in mediation and negotiation.  In many cases, the bully is the reason the dispute is in mediation.  The bully has become the barrier to resolution.  It is then the mediator’s job to breach the bully barrier to facilitate a path to resolution. To illustrate, let’s consider Alexis O’Neill’s children’s book The Recess Queen.  In this book, no one swings until Mean Jean swings.  No one kicks a ball until Mean Jean does so.  No one bounces on the trampoline until Mean Jean bounces.  Mean Jean uses physical (pushing and kicking) and verbal (growling and yelling) intimidation to control the other kids.  Mean Jean is the Recess Queen.  Mean Jean is a bully. But then a new kid comes to school.  Her name is Katie Sue.  Recess comes.  Katie Sue exuberantly rushes outside where she swings, then kicks a ball, then bounces.  All before Mean Jean does any of it.  Mean Jean charges after her.  Mean Jean grabs her by the collar.  Mean Jean yells at Katie Sue. But Katie Sue surprises Mean Jean.  She is not intimidated.  Instead, Katie Sue breaches the bully barrier.  She pulls a jump rope out of her backpack.  Katie Sue starts to jump and invites Mean Jean to jump with her.  After an awkward pause, Mean Jean joins in.  They jump.  They giggle.  They become friends.  And the playground becomes a place to play for everyone. How does this translate to the bully in mediation?  Katie Sue did four important things. First, Katie Sue did not fight fire with fire.  A bully’s power lies in their ability to trigger other’s emotions.  Katie Sue took that power away.  She did not let Mean Jean’s bullying affect her emotional state. Second, Katie Sue separated the person from the problem.  Instead of reacting to the person, Mean Jean, Katie Sue focused on the shared problem.  Everyone, including Mean Jean, wanted to play during recess. Third, Katie Sue met an unspoken need.  Bullies often act out because they are hiding something.  When Katie Sue invited Mean Jean to jump with her, we learned that, until that day, no one had ever asked Mean Jean to play. Fourth, Katie Sue found a solution that met everyone’s needs and allowed Mean Jean to be central to the resolution.  Some people refer to this as saving face. What does The Recess Queen teach parties and mediators about how to breach the bully barrier in a mediation?  Stop.  Breathe.  Do not react.  Listen, observe, and learn.  Separate the person from the problem.  Seek out the unspoken needs.  Find a path to resolution that meets everyone’s needs and allows them to be part of the solution, instead of the problem. Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation.  As a parent, I have spent a gazillion hours reading books to my children.  Oftentimes, these books teach me new ways to approach conflict resolution.  In this case, Alexis O’Neill’s “The Recess Queen” inspired this post. Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship. Mediator Insights - Breaching the Bully Barrier in Mediation The post Mediator Insights: How to Breach the Bully Barrier in Mediation appeared first on Sylvia Mayer Law.

Every arbitration is unique – the parties, facts, law, complexities, procedures, schedule, and deadlines – it all varies with each case.  But here are a few real-world practice tips that do not change from case to case.  Keep these in mind as you prepare for your next preliminary case management hearing and scheduling conference. To quote Jerry Maguire, I offer these tips so you can “help me help you.” Preparation. I prepare before every preliminary hearing conference.  You should too.  Review the relevant pleadings, the administrative rules, and any guidance from the arbitrator(s). For many administered arbitrations, the administrative rules include a list of topics to be addressed at the preliminary hearing conference.  For example, for an American Arbitration Association (AAA) Commercial Arbitration, refer to Rule P-2, and for an International Institute for Conflict Prevention and Resolution (CPR) Administered Arbitration, refer to Rule 9.3. Time. You are busy.  I understand that.  I am busy too.  You should also understand that.  If there is information that you want me to review before the hearing, then please provide it far enough in advance that I have time to review it. Emergencies happen.  I understand that.  Deadlines happen too.  Keep an eye on the schedule and deadlines established for the arbitration.  If you do not already have a tickler system (i.e., reminders of upcoming deadlines), then you may want to adopt one. While we may all be busy professionals, we are people too.  When setting deadlines and schedules, I consider the parties’ input and the need for a fair, efficient, and economical resolution of the arbitration.  I also take holidays, vacations, and personal commitments into account.  Please do not propose a schedule intended to jam the other side. Dialog. Meet and confer.  As noted above, the topics to be discussed at the preliminary hearing conference are often set out in the administrative rules or a pre-hearing communication from the arbitrator(s).  Discuss these issues with opposing counsel in advance of the conference.  It will help to streamline the hearing. By the way, meet and confer is a recurring theme.  Most arbitrators, this one included, will encourage or order the parties to meet and confer about disputes throughout the proceeding before seeking arbitrator intervention.  Having an initial meet and confer before the preliminary hearing conference establishes a foundation for future dialog. Conclusion. Prepare for the preliminary hearing conference by using your time wisely.  Review the papers, rules, and any guidance from the arbitrator(s).  Confer with opposing counsel to explore the topics to be addressed during the conference to identify areas of agreement and narrow the procedural matters in dispute.  In summary, help me help you. Disclaimer:  Nothing contained herein constitutes legal advice nor does anything contained herein create a professional relationship.  In addition, nothing contained herein comments on a pending or prior arbitration nor constitutes an advisory opinion concerning a pending or future arbitration.  Each arbitration is unique, and decisions are made on a case-by-case basis. Arb Ins - Practice Tips from an Arbitrator The post Arbitrator Insights: Real World Practice Tips from an Arbitrator as You Prepare for Your Next Preliminary Case Management Hearing and Scheduling Conference appeared first on Sylvia Mayer Law.

 Forbes is reporting that 40 million Americans will benefit from Biden's proposed student loan forgiveness. The article titled 40 Million Borrowers Will Receive Student Loan Forgiveness Under Biden’s New Plan, Says White House can be found at https://www.forbes.com/sites/adamminsky/2022/09/20/40-million-borrowers-will-receive-student-loan-forgiveness-under-bidens-new-plan-says-white-house/?sh=c7f6ed810cf7Jim Shenwick Esq. jshenwick@gmail.com 212 541 6224

I’m presenting an hour-plus webinar September 22, 2022 at 1 p.m. PDT for NACBA members only on the craft of fee applications. Join me for a distillation of what I’ve learned doing fee applications for 40+ years. The focus will be on the practical, rather than the legal. The cost is just $25 for NACBA […] The post Preparing Fee Apps That Work As Hard As You Do appeared first on Bankruptcy Mastery.

When you file for bankruptcy, it’s important that all debts are accounted for in a repayment plan. That is why debtors should learn exactly what a proof of claim is and how it can impact a Philadelphia bankruptcy case. After you file for bankruptcy in Philadelphia, creditors must file a proof of claim with the court. This document informs the court of any debt you owe to a specific creditor. If a creditor does not file a proof of claim in Philadelphia bankruptcy court, any debt owed to them will not be included in a repayment plan. To prevent this from happening and to exit bankruptcy without outstanding debt, hire an attorney. An experienced lawyer can file a proof of claim on behalf of a creditor so that all debts are accounted for in a repayment plan. Our attorneys are here to help those throughout Philadelphia regain their financial stability through bankruptcy. For a free case evaluation with the Philadelphia bankruptcy lawyers at Young, Marr, Mallis & Deane, call today at (215) 701-6519. What is a Proof of Claim in a Philadelphia Bankruptcy Case? If you’ve recently filed for Chapter 13 bankruptcy in Philadelphia, the court will notify your creditors. Once a creditor is informed, they must file a proof of claim with the court. This form informs the court of the exact debt you owe at the time. Bankruptcy is an opportunity for Philadelphia residents to regain their financial stability. It allows debtors to repay debts to creditors, whether through liquidation or repayment. Before you can move forward with repayment, a Philadelphia bankruptcy court must get verification of your debts from all creditors. That is why creditors must file a proof of claim at the onset of your bankruptcy case. Using a proof of claim form, creditors must identify existing debt and provide any necessary supporting documentation. This might include invoices, contracts, receipts, or other documents that illustrate your debts to a specific creditor. This form and all supplemental documents are usually due within several weeks of a debtor filing for bankruptcy in Philadelphia. While you may think that creditors are eager to recover payment for debts and successfully file a proof of claim by the deadline, that’s not always the case. In fact, sometimes creditors fail to file a proof of claim in time, leaving it up to a debtor. Should this happen during your case, it’s important to have an experienced Pennsylvania bankruptcy lawyer by your side. While a creditor’s failure to file a proof of claim can cause delays during the bankruptcy process, any issues can be avoided with help from a skilled attorney. What Happens if a Creditor Doesn’t File a Proof of Claim in Philadelphia Bankruptcy Court? If a creditor fails to file a proof of claim for your bankruptcy case in Philadelphia, any payments you make to erase debts will not be made toward that specific creditor. Depending on the state of your finances, a creditor failing to file a proof of claim can make it more difficult for you to improve your financial wellbeing. It’s important for creditors to file a proof of claim form if they want to get paid. This can be confusing for debtors, who might believe that a bankruptcy court should keep track of all necessary payments and debts. In reality, the only person looking out for your interests will be your Philadelphia bankruptcy lawyer. If a creditor doesn’t file a proof of claim, the court won’t have a verified record of what you owe. Now, if you only owe a debt to one or two creditors, you may be able to identify a failure to file a proof of claim yourself. However, keeping tabs on filed proof of claim forms may be more challenging if you have several creditors. During the stress of repayment, you may be unaware of which creditors are getting paid and which aren’t. This is why hiring a Lehigh County bankruptcy lawyer is important. Your attorney can keep track of all creditors and identify those who haven’t filed a proof of claim form in Philadelphia bankruptcy court. Remember, if a creditor doesn’t file by the court’s deadline, that doesn’t mean your debt will go away. It just means your debt to that specific creditor will not be factored into your repayment plan. So, you may still have existing debt by the time you exit bankruptcy in Philadelphia. Can a Debtor File a Proof of Claim in Philadelphia Bankruptcy Court? When you file for bankruptcy in Philadelphia, it’s important to have an understanding of debts owed to creditors. If you realize that a creditor failed to file a proof of claim in Philadelphia bankruptcy court, your experienced attorney can help you file a proof of claim. If you’ve filed for Chapter 13 bankruptcy in Philadelphia and noticed a creditor did not file a proof of claim by the court’s deadline, don’t worry. Such a failure does not mean you won’t have the opportunity to pay back a creditor through a repayment plan. When a creditor fails to uphold their end of the bargain and doesn’t file a proof of claim by the court’s deadline, a debtor can do so. With help from your experienced Jenkintown bankruptcy lawyer, you can file a proof of claim with the court when a creditor fails to. This allows you to account for all debts in your Philadelphia bankruptcy case and includes all creditors in a repayment plan. That way, Philadelphia debtors can work to regain their financial stability sooner and exit bankruptcy without any outstanding debt. Call Our Philadelphia Bankruptcy Attorneys Today If you need to file for bankruptcy in Philadelphia, our attorneys can help. For a free case evaluation with the Bensalem bankruptcy lawyers at Young, Marr, Mallis & Deane, call today at (215) 701-6519.

If you’ve recently been diagnosed with a condition that prevents you from working, learning the differences between long-term disability and Social Security Disability (SSDI) can help you. Depending on your situation, one benefit type may be more appealing than the other. Social Security Disability and long-term disability differ in many ways. They often have different eligibility requirements and allow for varying medical conditions. Long-term disability benefits are granted through an insurance policy, while SSDI benefits are available to those with a sufficient work history. The two benefit types have different monthly maximum payment amounts and different restrictions for benefit recipients. Depending on your case, you may qualify for both SSDI and long-term disability insurance, which may benefit your family. To weigh the pros and cons of SSDI versus long-term disability, turn to an experienced lawyer. Our attorneys are here to help you take advantage of the disability benefits available to you. For a free case evaluation with the Pennsylvania disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954 or (609) 557-3081. What Are the Eligibility Requirements for Long-Term Disability and SSDI? One of the main differences between Social Security Disability and long-term disability is way they are funded. SSDI is a social program, funded by taxpayers (including its recipients). Long-term disability is private insurance you can purchase independently or through an employer. Because of that, the criteria you have to meet to qualify for payments will depend on the type of benefit you wish to use. Long-Term Disability Before qualifying for long-term disability benefits, you must purchase an insurance policy. You can either purchase long-term disability insurance on your own or through your employer. Some employers also include these policies as part of a benefits package. Once you have a long-term disability insurance policy, you must be diagnosed with an injury, medical condition, or disability that leaves you totally disabled and incapable of earning a sufficient income. Depending on your carrier, certain disabilities may make you eligible for benefits, and others may not. To learn whether your disability qualifies you for benefits under your insurance policy, speak to a Philadelphia disability lawyer. Understanding which medical conditions your plan covers and which it doesn’t can be confusing. Social Security Disability To qualify for Social Security Disability benefits, you must meet certain criteria. First, you must have paid into the system through your work history or have a parent with sufficient work history to qualify for SSDI benefits. If you plan on getting benefits through a parent, speak to a disability lawyer, as you may have to meet additional eligibility requirements, such as age requirements. It’s your employer’s responsibility to take taxes out of your paychecks for Social Security. This allows you to pay into the system and qualify for SSDI. Generally, ten years of work, or 40 “work credits,” can make you eligible for SSDI benefits. The second piece of the puzzle is having a disability. The Social Security Administration provides clear lists of which disabilities and illnesses make one eligible for SSDI payments. Various medical conditions, from physical to mental illnesses, can make you eligible for SSDI benefits. How Do You File for Long-Term Disability and SSDI? Filing for SSDI benefits and long-term disability benefits is a somewhat similar process. While you will have to submit your application to different parties, you will have to provide the same kinds of information to apply for both SSDI and long-term disability benefits. Whether you plan on filing for long-term disability benefits or SSDI benefits, you must be prepared to offer various documents proving your disability. Generally, the SSA requires applicants to provide information regarding their disability, treatments, income, and expenses. Be prepared to hand over all medical records relating to your disability and to answer some specific questions about your finances. Expect to provide the same type of information to your long-term disability insurance carrier. Depending on your provider, they may be more stubborn when approving your claim. Because of that, it’s best to hire an experienced New Jersey disability lawyer. Your attorney can help you navigate difficult questions from an insurance company or the SSA and prepare the necessary information beforehand to lower the chance of unnecessary delays impacting your claim. What Are Long-Term Disability Payments Compared to SSDI Payments? Long-term disability and SSDI benefits can differ regarding maximum payment amounts. You may be eligible for substantial long-term disability payments depending on your previous earnings. For SSDI payment amounts, there is a strict threshold. In 2022, the maximum monthly SSDI benefit amount is $3,345. In general, those who have worked decades and are near retirement age are the only individuals eligible to receive the maximum SSDI payment. The average monthly benefit is just over $1,000. While each insurance carrier is likely to impose benefit maximums of their own, policyholders stand to receive high payments depending on their previous earning capacity. On average, those that file a long-term disability insurance claim can receive payments of up to 50% to 80% of their pre-disability earnings, provided that amount does not exceed the insurance carrier’s payment threshold. Depending on your previous income and policy, you may receive high long-term disability payments. Of course, is only possible because of the premiums you pay towards your long-term disability insurance. To become eligible for SSDI benefits you don’t have to do much other than work, as your employer takes the necessary taxes out of your paychecks for you. Understanding your potential monthly benefit amount, whether from SSDI or long-term disability insurance, can be difficult. To ensure you receive the payments you deserve and no less, consult a Lehigh County disability lawyer. How Often Are Long-Term Disability and SSDI Recipients Evaluated? Once you’re approved for either SSDI or long-term disability benefits, expect regular evaluations. The Social Security Administration revaluates cases depending on a doctor’s expectation of improvement, while each individual insurance carrier may request an evaluation at their own discretion. While total disability is a prerequisite to receiving SSDI payments, conditions can improve. The SSA knows this, which is why it has a continuing disability review schedule based on a recipient’s chances of improvement. If your medical records suggest that your condition will improve, the SSA may conduct a review within six to 18 months of its initial decision to grant you benefits. If improvement is possible but not likely, the SSA may review your eligibility every three years. If improvement is not expected at all, expect a review from the SSA once every seven years. That said, the SSA can request that you submit to an eligibility review at any time if it suspects your improvement. Each long-term disability insurance carrier can set its own dates for reevaluation. Depending on your condition, your carrier may present you with a review schedule or may check in from time to time to ensure your continued eligibility. How Long Can You Receive SSDI Benefits or Long-Term Disability Benefits? After you’ve been approved for SSDI or long-term disability benefits, you can receive them for the rest of your life if you remain eligible. Because both benefits are designed to replace income for those unable to work, you can continue getting them if you cannot support yourself because of to your medical condition. Both SSDI benefits and long-term disability benefits are for life, with conditions. When you’re approved for either benefit type, it’s often expected that you will require benefits or financial support for the rest of your life. However, you will only receive payments as long as you are eligible. If you were previously eligible for SSDI or long-term disability benefits but no longer qualify, your payments may be revoked. Now, if you have short-term disability insurance and not long-term disability insurance, that’s another story. Confusing the two can cause issues for applicants in need of financial support. To clarify which type of disability insurance you have and learn how long it will cover you, ask a Bensalem disability lawyer to review your case. Losing access to benefits when you need them can seriously impact you and your family. What Can Threaten Your Access to SSDI and Long-Term Disability? While SSDI and long-term disability benefit recipients can receive payments for the rest of their lives, certain things can threaten their access to benefits. The Social Security Administration outlines strict guidelines for recipients, while insurance carriers can dictate their own rules. Plainly put, violating any conditions can result in an elimination of either benefit type. Earning Additional Income The Social Security Administration closely monitors SSDI recipients that earn additional income. If you earn more than $1,350 monthly, or $2,260 monthly if you are blind, your SSDI payments can stop. In addition, earning over $970 automatically triggers a trial work period, which can cause your benefits to cease after nine months. If you’re getting long-term disability benefits and are unsure whether or not you have income limits, ask your Allentown disability lawyer. Chances are your insurer does place a limit on additional income, whether it be a weekly, monthly, or annual threshold. Earning over the allowed amount for a specific period can give an insurance carrier a reason to eliminate your payments altogether. Change in Medical Condition One-half of the eligibility requirements for both SSDI and long-term disability benefits is having a qualifying medical condition. You may lose access to your benefits if your disability improves or is removed. Informing the SSA and your insurance carrier of any changes to your medical condition, whether improvements or alterations to its definition, is crucial. You have to do so, even if that means losing your monthly payments. Failure to Continue Treatment Depending on your individual long-term disability insurance policy, you may be required to seek continued medical treatment. Your insurance carrier may mandate you provide regular updates from your medical team to monitor your condition. If you fail to continue medical treatment after your long-term disability claim is approved, your insurer may cease benefits. In terms of SSDI benefits, seeking continued medical treatment is also important. Suppose, during a continuing disability review from the SSA, you cannot provide updated medical information demonstrating that your condition has not improved. In that case, the SSA may question your eligibility for benefits. Can Your Family Receive Long-Term Disability and SSDI? One way in which Social Security Disability and long-term disability benefits differ is their extension to families. While there are family benefits through SSDI, the same can’t always be said for many long-term disability insurance policies. Generally, children and spouses of SSDI recipients can also get family benefits through a primary beneficiary. While there may be specific eligibility requirements that family members must meet, family benefits can provide much-needed financial support for your loved ones who once relied on your income. If you have long-term disability insurance through your employer, your spouse or children may be unable to benefit from it. Generally, these policies are exclusive to employees and not their families. If you choose to purchase a policy yourself and not through an employer, it is possible that your spouse can receive benefits as well. However, this can be challenging as insurance companies are notorious for denying claims whenever possible. If you are unsure whether or not your family can receive benefits through your long-term disability plan, speak to a West Chester disability lawyer for clarification. Can You Get SSDI and Long-Term Disability at the Same Time? While SSDI and long-term disability benefits differ, they can work in tandem with one another. Depending on your case, you may qualify for both Social Security Disability and long-term disability benefits. Although you can get SSDI and long-term disability benefits simultaneously, SSDI will offset your long-term disability payments, meaning you’re not likely to receive greater payments in total. So, depending on your case, it may not benefit you to apply for both SSDI and long-term disability. That said, because of the offset in payments, insurance carriers may require you to also apply for SSDI. Be sure to ask your disability lawyer whether or not this caveat is part of your policy. If it is and you fail to apply for Social Security Disability payments, your insurer may revoke your benefits. Call Our Attorneys to Apply for SSDI or Long-Term Disability Today If you need disability benefits to support your family, our attorneys are here to help. For a free case evaluation with the Upper Darby disability lawyers at Young, Marr, Mallis & Deane, call today at (215) 515-2954 or (609) 557-3081.

 So can cannabis companies file for chapter 11 bankruptcy protection? The answer generally is No! See interesting article on this topic at JD Supra at https://www.jdsupra.com/legalnews/does-involvement-in-the-cannabis-7364049/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&utm_term=jds-article&utm_content=article-link Jim Shenwick, Esq. jshenwick@gmail.com 212 541 62224

A common misconception is that negotiation (or mediation) is a form of manipulation.  I strongly disagree.  Manipulation influences outcomes through deception, lies, fear, and dominance.  Whereas negotiation and, by extension, mediation influences decision-making through connection, communication, understanding, and exploration. As Dan Oblinger and Allan Tsang wrote in Negotiation Mythbusters: “When we use tactics designed to minimize consent, compel agreement, and leverage power and authority, we are no longer negotiating.” “Ethics and effectiveness should never be at odds.” “Aggression, compulsion, force, fraud, and outright lies are crutches.” I agree.  As a mediator, I help parties find their path to resolution.  It is their resolution and their path.  My role is not to dictate or force an outcome, but to empower them to find the right outcome for their dispute. We get from here (dispute) to there (resolution) in many ways.  Listening.  Empathy.  Connection.  Validation.  Re-framing.  Dialog.  Sharing.  Exploration.  Reciprocity.  Receptivity.  Even haggling. To have a durable resolution, what we should not use is manipulation.  Why?  Because dominance, lies, fear, and deception often result in failed resolutions. This does not mean that, in a negotiation or mediation, hard questions cannot be asked, and difficult conversations should not be held.  Reality testing, inquiry, and feedback are critically important parts of the process.  But dominance and falsehoods are not.  Mediation is manipulation is a myth.  Consent and safety are cornerstones of ethical mediation and negotiation and durable agreements.  Author’s Note: As a mediator, I am a “forever student” always seeking new ways to help people find a path to resolution in mediation.  “Negotiation Mythbusters” by Dan Oblinger and Allan Tsang inspired this post.  Reading their book challenged my view of many oft-touted truisms about mediation and negotiation.  If you aren’t a reader, but still interested in what they have to say, then you may enjoy this podcast in which they talk about their book: Negotiations Ninja Podcast, Busting Negotiation Myths with Dan Oblinger and Allan Tsang (July 27, 2020), https://www.negotiations.ninja/podcast/busting-negotiation-myths-with-dan-oblinger-and-allan-tsang-ep-146/. Myth - Negotiation is a Manipulation The post Mediator Insights: Myth – Negotiation is Manipulation appeared first on Sylvia Mayer Law.

Marian Saves Her House from Reverse Mortgage Foreclosure: She Filed Chapter 13 and Got Fairfax Senior Citizen Tax Relief Before her husband died, Marian had taken out a reverse mortgage on her home. That way, they hoped, she wouldn’t have a house payment and she’d never have to worry about having a place to live. […] The post Chapter 13 and Tax Relief for Seniors Save Marian’s House by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.

 Restaurant owners be careful about not paying your employees! News 12 has an article titled New Rochelle restaurant owner sentenced for not paying his employees. The article can be found at https://bronx.news12.com/new-rochelle-restaurant-owner-sentenced-for-not-paying-his-employeesRestaurant owners who do not pay their employees can be subject to federal and state lawsuits and class actions be their employees for wage and hour claims litigation. At Shenwick & Associates we have represented many restaurant owners and assisted them in closing their restaurants (legally) and filing for bankruptcy. Jim Shenwick, Esq jshenwick@gmail.com 212 541 6224