Mediators often suffer from anxiety when the parties seem unable to find a consensus, as if a mediation's failure is their fault. However, failure to settle is sometimes due to the parties not having committed to the mediation process and being unable to yield their fixed views to better reaso...
Mediation is a process whereby an independent third party assists two or more consenting parties to resolve a conflict by helping them to come to a mutually acceptable solution or compromise. The mediation is considered a confidential process and the mediator may not subsequently be called int...
What should you do if you discover that a trustee has a conflict of interest as to a trust or its beneficiaries? Whether you are a beneficiary, a trust creator, or another interested person, you might be negatively affected by the conflict of interest. There are a few steps you can take to a...
When negotiating and executing a merger of two businesses, there are certain important legal issues you should keep in mind. A few of the legal issues involved are transfers of liability, consent of third parties, and representations and warranties. You and your business should have a lawyer's...
Next to the Constitution, the Interpretation Act, sometimes styled the Interpretation and General Clauses Act, is the most important tool in a drafter's toolkit. There is a close connection between drafting legislation and interpreting legislation. The underlying objective in drafting legisla...
When selling your company in The Bahamas, you have many business decisions to make. You will need to decide how to price the business, find buyers, do your due diligence, negotiate terms of the sale, and close the transaction. In most cases, you also need a legal agreement memorializing the s...
If you would like to buy a company in The Bahamas, do your due diligence before you make the purchase. You will want to investigate many aspects of the new company, including the owners' background, its financial situation, and the market. Also, you may need a legal agreement to seal the deal. ...
Data privacy could be more important for your business than you realize. With growing awareness of the need for data privacy, identity protection, and information security in The Bahamas, customers demand that businesses do more to maintain it. Here are a few reasons to make data privacy a prio...
When you want to resolve legal claims outside court, you need to understand what settlements are and how they affect you. What Is a Settlement? A settlement is a resolution of a legal claim outside of court. It does not involve a judge making a decision. Instead, the parties to the legal di...
When you dismiss an employee in The Bahamas, there are many considerations from both a legal and a practical perspective. For example, you must determine the reasons for the dismissal, calculate the notice period and pay, and protect yourself from claims of unfair dismissal. Reasons to Dismis...
When an employee remains with a business over time, the employer may need to make changes to the employment agreement. If you need to make these changes or if you are an employee whose agreement will be changed, you should understand the practical and legal effects of doing so. Which Kinds o...
As the owner or manager of a new business, you may not realize that you need legal representation before it is too late. New businesses might have to speak to lawyers for many different reasons, including formation of a business entity, hiring employees, or an impending lawsuit. Formation of ...
If you are a new Bahamian business, you will want to stay above-board and accountable both legally and financially. There are so many laws to follow that compliance can seem overwhelming. Often, businesses pay for legal advice to help them avoid the many possible pitfalls they could encounter....
When starting a new business, you have many issues to think about in order to make your business as successful as possible. For example, consider how to structure and form your business, your banking needs, and any taxes the business may owe. Business Formation People who start new businesses...
When starting a new business in The Bahamas, you have many issues to consider to make your business successful in the future. From a legal perspective, think about how you will obtain funding, whether you will have employees, and where you will choose a location. How Will You Obtain Funding? ...
When you agree to engage in a mediation, you may wonder about the mediator's role in helping you with your dispute. The mediator listens to both sides of the story, asks questions, tells the parties about the weaknesses in their positions, proposes solutions, and helps bridge the gap between p...
When you have a legal dispute with another person or company, representing yourself may be a bad idea. While some people do represent themselves, it can lead to early defeats, problems with court rules, trouble resolving a dispute, or even dismissal of the case. Early Defeats First, self-rep...
If your employer requests that you sign a non-competition agreement, you may wonder if the employer can enforce it against you. This depends on the content of the agreement and where the employer seeks to enforce it. What Is a Non-Competition Agreement? A non-competition agreement (also refe...
If your employer requires you to sign a confidentiality agreement, you may wonder why and what it means. Before you sign it, make sure you understand the effect of the agreement. What Is a Confidentiality Agreement? Your employer wants to protect its confidential information that other compet...
When you decide to retain a lawyer, you may wonder what you can expect from signing an attorney fee agreement. Lawyers expect to be paid for their services, but they may offer different fee structures and different rates. Fee agreements (also called retainers) include other information about ...
If you own or run a business, you may need to have your employees sign confidentiality agreements. These agreements can protect your business's private information that should not be shared with competitors or the public. What Is a Confidentiality Agreement? A confidentiality agreement is a leg...
What does Legislative Drafting have to do with the Constitution? More than you might think! In jurisdictions with written Constitutions, there is usually a “supreme law clause”. This is an express declaration that the Constitution is the supreme law of that country, and more importantly, that a...
There are many differences between engaging in arbitration and participating in mediation that you should know. While both dispute resolution methods do not involve going to court, they are useful in different types of cases for different reasons. What Is Arbitration? Arbitration is an out-o...
There are many differences between engaging in mediation and going to court that you should know. Mediation is an informal dispute resolution process with the goal of settling differences, while court involves constant preparation for a trial of the issues. The Parties Must Agree to Mediate ...
There are many differences between engaging in arbitration and going to court that you should know. If you have a legal dispute that you need to resolve, you will need to choose a venue for it. Since court and arbitration differ, understanding why to select one over the other is important. Av...
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