Berens & Tate, P.C.

Berens & Tate, P.C. from Omaha Nebraska works as Arbitration & Mediation Services, Arbitration & Mediation Services Attorneys, Attorneys, Disability Lawyers, and Discrimination & Civil Rights Lawyers. Feel free to contact us at the following contact information.

10050 Regency Circle Suite 400 Omaha Nebraska, 68114
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(402)391-1991

(402)391-7363

www.berenstate.com

berens(at)berenstate.com

Last updated 2023-09-12

Specialties of Berens & Tate, P.C.:

Arbitration & Mediation Services
Arbitration & Mediation Services Attorneys
Attorneys
Disability Lawyers
Discrimination & Civil Rights Lawyers

Arbitration & Mediation Services: Arbitration is an alternative means of setttling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in ordert to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association. If there is no contract, usually each party chooses an arbitrator and the two arbitrators select a third to comprise the panel. When parties submit to arbitration, they agree to be bound by and comply with the arbitrators' decision. The arbitrators' decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.

Arbitration & Mediation Services Attorneys: Arbitration is an alternative means of setttling a dispute by impartial persons without proceeding to a court trial. It is sometimes preferred as a means of settling a matter in ordert to avoid the expense, delay, and acrimony of litigation. There is no discovery and there are simplified rules of evidence in arbitration. The arbitrator or arbitrators are selected directly by the parties or are chosen in accordance with the terms of a contract in which the parties have agreed to use a court-ordered arbitrator or an arbitrator from the American Arbitration Association. If there is no contract, usually each party chooses an arbitrator and the two arbitrators select a third to comprise the panel. When parties submit to arbitration, they agree to be bound by and comply with the arbitrators' decision. The arbitrators' decision is given after an informal proceeding where each side presents evidence and witnesses. Arbitration hearings usually last only a few hours and the opinions are not public record. Arbitration has long been used in labor, construction, and securities regulation, but is now gaining popularity in other business disputes.

Attorneys: A lawyer is a person who practices law, as an advocate, barrister, attorney, counselor or solicitor or chartered legal executive. Working as a lawyer involves the practical application of abstract legal theories and knowledge to solve specific individualized problems, or to advance the interests of those who hire lawyers to perform legal services. The role of the lawyer varies greatly across legal jurisdictions, and so it can be treated here in only the most general terms.

Disability Lawyers: Disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990. This Act prohibits discrimination against individuals with disabilities in employment, housing, education, and access to public services. The ADA defines a disability as any of the following: "a physical or mental impairment that substantially limits one or more of the major life activities of the individual.", "a record of such impairment." or "being regarded as having such an impairment." While alcoholism is included as a disability, other socially undesirable behavior is excluded from the Act. For example, sexual behavior disorders, compulsive gambling, and pyromania are all excluded. The ADA, however, does not list all impairments covered. The ADA further requires that reasonable accomodation be made so as to provide individuals with disabilities equal opportunities. Agenices and departments charged with enforcement of the ADA include the Equal Employment Opportunity Commission (EEOC) and the Department of Justice.

Discrimination & Civil Rights Lawyers: In order for discrimination to trigger the protection of federal law it must be directed against an individual on account of their skin color, race, gender, national origin, disability, age, sexual orientation, religion, or a limited number of other categories. Laws prohibiting discrimination based on race are strongest and have been on the books for the longest period of time. Other categories have been introduced more recently and may be expansive or restrictive depending on the category and context. A combination of legislation and Supreme Court interpretation of existing laws have led to an expansion of civil rights to include groups that were not previously protected. Transgender and homosexual victims were not, at one time, protected by anti-discrimination laws. In addition to extending protection to these individuals; legislative changes now also protect those perceived to belong to one of the enumerated groups by their persecutor. For example, if someone was denied a promotion at their job because they are believed to be homosexual they would now have an actionable claim of discrimination against their employer, even if they are actually heterosexual.

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