Sentences with phrase «access disputes as»

Family law lawyers will deal with access disputes as part of the intial separation, but aren't a good choice to deal with ongoing conflict with respect to access solely.

Not exact matches

In a sharply worded press release, a group known as the 9948 Fair Treatment Coalition states that documents it obtained through Access to Information «raise disturbing questions» about the Canada Border Services Agency (CBSA) and the Department of Finance's conduct in the so - called iPod tax dispute.

Personal data linked to the processing of insurance claims, subject access requests, disputes, safeguarding investigations, disciplinary or police matters will only be kept for as long as it necessary for those purposes, as each is applicable.

According to him, a meeting convened on Tuesday, involving all stakeholders, failed to resolve the dispute as the union prevented the management from accessing the office premises on Wednesday.

But while previous presidential campaigns have used these funds to pay for routine legal matters such as ballot access disputes and compliance requirements, Trump would be the first president in the modern campaign finance era to use such funds to cover the costs of defending himself in a criminal probe, said election law experts.

As we demonstrated in our 2015 analysis of the Common Core debate on Twitter, the dispute about the standards was largely a proxy war over other politically - charged issues, including opposition to a federal role in education, which many believe should be the domain of state and local education policy; a fear that the Common Core could become a gateway for access to data on children that might be used for exploitive purposes rather than to inform educational improvement; a source for the proliferation of testing which has come to oppressively dominate education; a way for business interests to exploit public education for private gain; or a belief that an emphasis on standards reform distracts from the deeper underlying causes of low educational performance, which include poverty and social inequity.

It's a contract, drafted within the context of the law, that states that any disputes as to its terms must be settled WITHOUT access to a court of law?

You should only deal with licensed businesses as you are better protected if things go wrong and you will have access to free dispute resolution services.

These types of offers are unlikely to be covered by credit or financial services laws, meaning you will not have access to important consumer protections such as free external dispute resolution.

It is important to only deal with licensed people and businesses as you are better protected if things go wrong and will have access to free dispute resolution services.

More specifically, traders of a company with the A-Category membership can be eligible for compensation of up to $ 20,000 protection per complaint, as well as having access to all dispute resolution services offered by the Commission.

To the fullest extent permitted by law, by your access to the Sites, you agree that: (i) any claim, dispute or cause of action regarding the Sites or these Terms shall be brought individually (NOT AS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New YorkAS PART OF A CLASS ACTION) in the federal or state courts of the State of New York, and, such claim / dispute / cause of action will be resolved by a judge and THE RIGHT TO A JURY TRIAL IS HEREBY EXPRESSLY WAIVED; (ii) you consent to the personal jurisdiction of such courts as the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas the exclusive tribunal for adjudication of any such claim / dispute / cause of action, expressly waiving any right of forum non convenience, change of venue or like right; (iii) your recovery will be limited to actual out - of - pocket costs involved in specifically accessing the Sites (if any) and you expressly waive your right to all other forms of recovery, including by way of example only, punitive, consequential, indirect, incidental, special and exemplary damages as well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas well as attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New Yorkas attorneys» fees for bringing such claim / dispute / cause of action; and (iv) the court shall apply the law of the State of New York in adjudicating any such claim / dispute / cause of action, except for the choice of law / conflict of law rules of the State of New York (or of any other jurisdiction which would result in the application of the law of any jurisdiction other than the State of New York).

As climate change affords increased access to the Arctic, it is envisioned that there will be new opportunities for natural resource exploration and recovery, as well as increased ship traffic of all kinds, and with that a need for broadened naval partnership and cooperation, and a framework for settling potential disputes and conflictAs climate change affords increased access to the Arctic, it is envisioned that there will be new opportunities for natural resource exploration and recovery, as well as increased ship traffic of all kinds, and with that a need for broadened naval partnership and cooperation, and a framework for settling potential disputes and conflictas well as increased ship traffic of all kinds, and with that a need for broadened naval partnership and cooperation, and a framework for settling potential disputes and conflictas increased ship traffic of all kinds, and with that a need for broadened naval partnership and cooperation, and a framework for settling potential disputes and conflicts.

If custody and access are mostly removed from the court system, as in Europe as described in my previous post, then the disputes will be over just the cash.

protected access to justice as Acas's conciliation service has been effective in assisting people resolve their disputes.

As an active community member, Laura work tirelessly to ensure that all families, especially those financially vulnerable ones, have equal access to dispute resolution processes.

He first analyses «classic disputes» on access to social benefits (cases such as Grzelczyk, Baumbast, Teixeira etc.) and the respective dialogue between the Court, the EU legislator, and the Member States.

The Committee then listed six different situations where lawyers might consider a more secure communication method than email, including when: 1) communicating highly sensitive or confidential information via email or unencrypted email connections, 2) sending an email to or from an account that the email sender or recipient shares with others, 3) sending an email to a client when it is possible that a third person (such as a spouse in a divorce case) knows the password to the email account, or to an individual client at that client's work email account, especially if the email relates to a client's employment dispute with his employer 4) sending an email from a public computer or a borrowed computer or where the lawyer knows that the emails may be read on a public or borrowed computer or on an unsecure network, 5) sending an email if the lawyer knows that the recipient may access it on devices that are potentially accessible to third persons or are not protected by a password, or 6) sending an email if the lawyer is concerned that the NSA or other law enforcement agency may read the email, with or without a warrant.

As a PhD student studying the use of knowledge technologies and access to justice strategies, I am following with interest the development of the Civil Resolution Tribunal (CRT)[Civil Resolution Tribunal Act, SBC 2012, c. 25;] in BC — an online dispute resolution process which will provide an alternative to the courts for small claims and strata property disputes.

This is why the European Union has adopted its regulation (EU) no 524/2013 of the European Parliament and of the Council of 21 May 2013 on online dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and Directive 2009 / 22 / EC (Regulation on consumer ODR, and why mandatory ODR, no matter how it could be perceived by detractors, needs to be looked at seriously as a way of giving access to justice to those who, for now, can't turn to the courts since the costs associated with the legal process are simply prohibitive...

These developments illustrate a fundamental issue that most common law jurisdictions will need to address as they turn, increasingly, to consensual dispute resolution («CDR») processes like mediation and JDR in an effort to enhance access to justice in an environment of fiscal restraint.

We are not saying though, we should fund all family law disputes such as over access, for example if the time should be 2 pm or 2.30 pm to pick - up the children.»

This point is convincing, given the fact that, as the authors point out, the jurisprudence lacks finality in a very real sense: in access to documents cases, EU courts can not serve the institutions injunctions to disclose documents that are subject of the judicial dispute (pp. 7 - 8).

The current rule was expressed in Halsey v Milton Keynes General NMS Trust as follows: «It seems to us that to oblige truly unwilling parties to refer their disputes to mediation would be to impose an unacceptable obstruction on their right of access to the court.»

Judge Rogers outlined some good proposals for improving access to justice, such as individual calendaring (assigning one and only one judge to a case) and judicially - assisted alternative dispute resolution.

First of its kind in the world, the CRT will focus on early online dispute resolution as a tool to improve access to justice in BC.

Furthermore, in terms of access to justice, the fairly stringent leave conditions under the Supreme Court Act 2003, are a greater barrier to bringing forward an appeal (at least in a civil case) than was the case with the Privy Council where disputes that involved a monetary amount of $ 5,000 or more could be brought as of right.

Employers and employees would be able to access one organization for pay equity, labour standards, health and safety and workers» compensation claims, as well as a single court of law to hear their workplace - related complaints and disputes.

As access to dispute resolution is a criterion in business rankings, in many cases, countries are developing arbitral centres as a way to improve their positiAs access to dispute resolution is a criterion in business rankings, in many cases, countries are developing arbitral centres as a way to improve their positias a way to improve their position

In Virginia, a court may consider any of the following factors, among others, in making a decision: The age and physical and mental condition of the child, giving due consideration to the child's changing developmental needs; the age and physical and mental condition of each parent; the relationship existing between each parent and each child, giving due consideration to the positive involvement with the child's life, the ability to accurately assess and meet the emotional, intellectual and physical needs of the child; the needs of the child, giving due consideration to other important relationships of the child, including but not limited to siblings, peers and extended family members; the role that each parent has played and will play in the future, in the upbringing and care of the child; the propensity of each parent to actively support the child's contact and relationship with the other parent, including whether a parent has unreasonably denied the other parent access to or visitation with the child; the relative willingness and demonstrated ability of each parent to maintain a close and continuing relationship with the child, and the ability of each parent to cooperate in and resolve disputes regarding matters affecting the child; the reasonable preference of the child, if the court deems the child to be of reasonable intelligence, understanding, age and experience to express such a preference; any history of family abuse; and such other factors as the court deems necessary and proper to the determination.

Necessity being the mother of invention, an increasing need for better access to justice and the means for delivering it means that your home computer, laptop, or mobile device can serve as the place where disputes are resolved.

Should access to justice strategies be designed to challenge barriers that prevent individuals from participating in current dispute resolution mechanisms and to create real opportunities for those individuals (as well others) to seek resolution to a justiciable problem?

Some of the means suggested to increase access — de-lawyering; unbundling of legal services; alternate fee arrangements; online dispute resolution; risk avoidance, etc. — are the same as those offered up as answers to Susskind's more - for-less challenge, thereby bringing the discussion full - circle.

Whether «mediation» = «access to justice» may not be as important as «mediation = access to dispute resolution».

Specifically, I see a need to mitigate challenges around access to technology or self - directed dispute prevention by providing a sensible mix online and offline, as well as self - guided and human supported processes.

The Canadian Bar Association's Envisioning Equal Justice consultation paper, Underexplored Alternatives for the Middle Class, recognizes the need to «re-engineer» dispute resolution processes and explores a number of court process reforms as potential means to provide better access to judicial dispute resolution.

A panel member for the Office of the Children's Lawyer, Michael has represented children as young as a few months, and as old as 16, in child protection cases as well as custody / access disputes.

Their mandate embraces a broad range of topics, but is relegated to the more minor issues that may crop up between disputing parents, such issues around: established parenting schedules (such as drop - off times, parenting and access time, and vacations); decisions relating to health care (including medical, dental, and therapy or counselling); and educational decisions (such as choice of school, tutoring, summer school, enrichment and extra-curricular activities, and religious instruction).

A perspective that regarded individuals as being free to frame, manage and resolve their disputes as they deem best and to involve the state (e.g., judges) only on a «by exception» basis, would likely come to a different assessment of what access to justice entailed.

CRT adjudications will have the same effect as court orders and will provide the population inexpensive, fast, and easy access to justice for a range of civil disputes.

If one assumes that «access to justice» and «justice» are public goods that the state takes over as soon as it detects a legal dispute (e.g., on filing a Notice of Civil Claim), then one's perspective changes.

As a leading proponent of Online Dispute Resolution (ODR), Ethan looked at three challenges to access going forward.

Lack of access to justice represents a problem where the very legitimacy of the legal system as a way for all Canadians to resolve disputes is at stake.

Many low - income individuals need civil legal aid when they face various civil legal problems, such as loss of housing, domestic abuse, access to veterans» benefits, unemployment appeals, and wage and hour disputes.

This is an extremely important case in the ongoing struggle to ensure that everyone has access to our justice system to resolve disputes such as who has custody of children after parents separate.

Civil legal aid is the last resort for low - income people when they face critical civil legal problems, such as loss of housing, domestic violence, access to veterans» benefits, unemployment appeals, and wage and hour disputes.

Recent cases have involved issues such as breach of contract; adverse possession; riparian rights; access; and disputed agricultural tenancies.

The decision constitutes an further development in the growing acceptance of dispute funding as an important tool for access to justice.

Please be aware that litigation as a means of resolving custody and access disputes should rarely be used, except in cases of the worst disagreement and acrimony.

Mr. Mosten has been given two major awards by the American Bar Association: A Lifetime Achievement Award for Innovations in Legal Access by the ABA Section of Delivery of Legal Services; and the Lawyer as Problem Solver Award by the ABA Section on Dispute Resolution.