Choosing whether to pursue arbitration vs. litigation hinges on several factors that parties should carefully consider as they decide on how to resolve their dispute(s). Once a dispute reaches the point where it is clear that the parties cannot reach an agreement and need a third party to decide the dispute, it will likely end …
Read moreArbitration vs. Litigation: What Is The Difference?
The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a settlement agreement, and the knowledge that the parties may walk away without …
Read moreBATNA & WATNA: Finding and Using Negotiation Power (Part I of III)
Intergroup conflict might arise in any workplace, as there are a variety of groups working together to support and further the mission of the company. Some groups are defined by job title—the accountants, the lawyers, the marketing team. Other groups are defined by project or subject area. Still, others may be defined by the level …
Read moreIntergroup Conflict: Causes, Consequences, and Solutions
Similar in some ways to a judgment from a court, an arbitration award decides how the dispute will be resolved. See how it differs from a litigation judgment.
Is a Mandatory Settlement Conference, a Mediation? How does it work? Is it confidential? What should you expect? Learn more from ADR Times.
When we find ourselves in the midst of a dispute that requires a greater exposure to the legal system, the system can feel unfamiliar and overwhelming. This is where attorneys will often step in to fill the gap.
…Continued from Part 2: In previous articles, we’ve discussed what a BATNA and a WATNA are, the purpose of identifying a BATNA and WATNA, some possible alternatives to consider, and two analyses that parties can use to identify their BATNA and WATNA. This article will discuss the strategies that a mediator may use to help …
Read moreThe Power of Finding and Using a BATNA & WATNA (Part 3 of 3)
…Continued from Part 1: Back to discovering and using what the negotiation world calls a BATNA and WATNA, this article will continue to move through an analysis to help the parties discover the alternatives that will drive how they negotiate and settle a dispute. The previous article discussed the importance of moving through a BATNA/WATNA …
Read moreThe Power of Finding and Using a BATNA & WATNA (Part 2 of 3)
In the first of this pair of articles, we discussed the definition of a power imbalance, identified the types of power that may be utilized against another party, and the early signs of a power imbalance. Once a neutral identifies that one of the parties has more power than the other and is using their power to make the negotiations end in their favor, it is important for the neutral to act quickly to attempt to bring the power in the negotiations into balance between the parties.
One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.
