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Author Archives: Daniel F. Quinn

Whistleblower Retaliation under U.S. Federal and California Law

Employees filed 2,787 whistleblower retaliation claims during 2012, according to a report issued by the U. S. Department of Labor’s Occupational Safety and Health Administration (OSHA). Employee protection from whistleblower retaliation is mandated by law in accordance with a number of federal and state statutes designed to encourage whistleblowers to report employer wrongdoing. Whistleblower protections… Read More »

Silence is Golden: Confidentiality of the Mediation Process

Legal disputes are often resolved effectively through the process of mediation.  One of the key advantages of mediation over litigation is the confidentiality it provides to the parties involved. Mediation Confidentiality in California Under California law, the only statement or writing made in connection with mediation that can be disclosed without the express consent of… Read More »

Considerations When Signing an Employee Arbitration Agreement

Employees are often asked to give up their right to sue in court over job-related issues. This is generally accomplished by having the employee sign an agreement that contains some form of a mandatory arbitration clause.  An employee who signs this type of clause promises not to pursue any legal claims against the employer through… Read More »

Choosing an Effective Mediator for Legal Disputes

Mediation is the most popular form of alternative dispute resolution. It involves bringing in a trained, neutral third party to help the parties reach an agreement. Mediation is cost- and time- friendly, confidential, and strives to promote cooperation and collaboration between disputing parties.  Many legal disputes across a wide range of issues can be resolved effectively… Read More »

Based on California Law, What Are Construction Defects?

Construction defects can lead to disputes between homeowners, developers, contractors, subcontractors, engineers, architects and other parties as far as determining who is responsible and liable for damages. Construction defect attorneys in Northern California can help you resolve disputes. Most disputes resolve outside of court through mediation or a negotiated settlement. California Code – Title 7:… Read More »

What Steps Does the Arbitration Process Involve?

In Stockton, arbitration laws are subject to the California Arbitration Act, which the California legislature has modified at various points since its enactment in 1961. To give you an idea of the process that arbitration typically involves, the American Arbitration Association describes artibtration as having five main steps: Filing and initiation. One party files a… Read More »

A Brief Look at Recent Employment Dispute Trends

Over the past few decades, social movements and changing civil rights laws have opened the door to increased employment disputes. For example, sexual harassment and wrongful termination claims are commonplace today, whereas, by comparison, 30 years ago they were not nearly as prevalent. Employment attorneys in Stockton can help you resolve your employment dispute through… Read More »

How Is the Lawyer’s Role in Litigation Changing?

Current statistics show that the trend for attorneys to resolve issues through trial is on the wane. Clients, attorneys and courts often favor alternative dispute resolution over litigation. Stockton mediation lawyers can save you time, expense and often reach more optimal outcomes than for clients than they can obtain by battling it out in court…. Read More »