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Lowell
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| mediation n. the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result. Mediation differs from arbitration, in which the third party (arbitrator) acts much like a judge in an out-of-court, less formal setting but does not actively participate in the discussion. Mediation has become very common in trying to resolve domestic relations disputes (divorce, child custody, visitation) and is often ordered by the judge in such cases. Mediation also has become more frequent in contract and civil damage cases. There are professional mediators or lawyers who do some mediation for substantial fees, but the financial cost is less than fighting the matter out in court and may achieve early settlement and an end to anxiety. However, mediation does not always result in a settlement |
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| arbitration n. a mini-trial, which may be for a lawsuit ready to go to trial, held in an attempt to avoid a court trial and conducted by a person or a panel of people who are not judges. The arbitration may be agreed to by the parties, may be required by a provision in a contract for settling disputes, or may be provided for under statute. To avoid clogged court calendars the parties often agree to have the matter determined by a panel such as one provided by Smith & Glauser. Usually contract-required arbitration may be converted into a legal judgment on petition to the court, unless some party has protested that there has been a gross injustice, collusion or fraud. Many states provide for mandatory arbitration of cases on a non-binding basis in the hope that these "mini-trials" (proceedings) conducted by experienced attorneys will give the parties a clearer picture of the probable result and lead to acceptance of the arbitrator's decision. |
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| appeals v. to ask a higher court to reverse the decision of a trial court after final judgment or other legal ruling. After the lower court judgment is entered into the record, the losing party (appellant) must file a notice of appeal, request transcripts or other records of the trial court (or agree with the other party on an "agreed-upon statement"), file briefs with the appeals court citing legal reasons for over-turning the ruling, and show how those reasons (usually other appeal decisions called "precedents") relate to the facts in the case. |
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The Law Firm of SMITH & GLAUSER, P.C. is prepared to offer a broad range of insurance and litigation defense services. They are listed below. |
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| Services | |||
| Fee Structure | |||
| Our fees are comparable with those generally charged in the Utah area. Please call us for specific rates, for specific cases. | |||
| Our Clients | |||
| The Law Firm of SMITH & GLAUSER, P.C. represents some of the nation's largest insurers and their insureds. References will be provided upon request | |||
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PLEASE NOTE: Sending us an e-mail or requesting information from us will not make you a client of our firm and will not impose on us any obligation to take any action on your behalf. Until we have agreed to represent you, anything you send us will not be confidential or privileged. The best way for you to inquire about a possible representation is to call a SMITH & GLAUSER , P.C. attorney. An attorney will first take you through our conflict of interest procedure and see that you are put in touch with the lawyer to discuss your particular matter in more detail. |
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