Portland Area Law Blog

When dealing with a legal issue, wanting to keep the matter out of court is understandable. Most people want to avoid litigation if they can. Alternative dispute resolution methods do exist and can be the best course of action. Not only can utilizing ADR methods prevent litigation, they can also save Oregon residents time and money if gone about the right way.

Yes, it is possible to mess up negotiations in mediation, and it is certainly possible to poorly present one's case before an arbitrator. When utilizing either of these ADR methods, it is possible to have legal counsel prepared and ready to assist when needed. The key is finding an attorney who has experience with ADR methods and can use them appropriately.

With the high level of divorces that occur in the United States every year, numerous people in Oregon and elsewhere end up getting remarried and have to work on blending their families. Sometimes this is easier said than done. When it comes to the death of a parent, there can be big problems between stepparents and stepchildren during the estate administration process, to the point where estate litigation may be unavoidable.

Recently, a concerned individual sought advice about a problem he or she had with his or her stepmother. This person claims that a will was left behind by his or her father, but the will was never seen during the administration of his estate. There was an understanding that he wanted to ensure his wife was taken care of, so she remained in the home they shared up until her death. After she died, the house, instead of being bequeathed to his children, went to her daughter. Now this individual and his or her siblings want to know what they can do to get the inheritance they are confident their father intended to give them.

Not much is easy about being a business owner in Oregon. You certainly have a lot to worry about. One thing you hope you never have to deal with is complaints of harassment at your establishment. After all, you've done what you can to make your business a good place to work. Unfortunately, as you know, you cannot control all of your employees' actions, and you've recently found out that one of your employees has been accused of harassment, which has left you in a tough position.

The actions you take after receiving a harassment complaint can hurt you and your company if you are not careful. Federal law prohibits harassment in the workplace. When such accusations are made, it is an employer's job to investigate and take action. Unfortunately, no matter what you do, you may be accused of not doing enough, failing to protect the victim, or going too far -- wrongfully terminating the accused. It is impossible to please everyone, and lawsuits may result.

Most adults in the United States have not taken the time to prepare estate plans. Many do not even have a basic will in place. Some Oregon residents may not want to think about it, some may feel having a will is unnecessary and others simply never get to it before their time on this earth is up. Anyone who wants to jot his or her wishes down quickly may consider a do-it-yourself will -- but is a DIY will worth it?

A DIY will might be sufficient for a person who has no special concerns and few assets. The keyword in that sentence being might. Outside of being a cheap and quick option for obtaining a will, there is nothing else that is good about DIY wills.