7 Proven Steps for Drafting A Mediation Brief

Mediation briefs

Attorneys receive lots of training and spend countless hours practicing to prepare winning appellate briefs, arguments, and summary judgment motions. With that said, it’s important to also focus on mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.

Average Settlement Offers During Mediation

Average settlement offers during mediation

Average settlement offers during mediation are essential when a party considers using mediation to settle a lawsuit. Combining this knowledge with other tips and tricks for settling a lawsuit through mediation can ensure that a party is prepared to tackle a mediation during a civil lawsuit and achieve the best possible outcome. Having a researched …

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What is Business Litigation?

business litigation

Business litigation involves presenting issues with business and corporate entities to the courts and arguing on behalf of business entities in court. A variety of topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time …

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Solve vs. Resolve: What’s the Difference?

solve vs resolve

Solve vs resolve-what is the difference? The words solve and resolve have similar meanings, and many people struggle to determine the difference between them.  Within the alternative dispute resolution world, these terms can be used interchangeably when talking about how a dispute ends; however, it brings up an interesting concept when evaluating how the difference …

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What is the Federal Mediation and Conciliation Service (FMCS)?

FMCS New Mediator Class of 2019

The Federal Mediation and Conciliation Service (FMCS) is the nation’s largest independent public agency for alternative dispute resolution (ADR) and conflict management, providing mediation and conflict resolution services in the private, public, and federal sectors.

AAA Employment Arbitration Rules: An Overview

AAA Employment Arbitration Rules

AAA Employment arbitration rules and mediation have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty percent of American workers are covered by such “mandatory” clauses. …

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Meaning of Confrontational in Dispute Resolution

Confrontational meaning

When learning about conflict and dispute resolution, it can be difficult to understand the definition of “confrontational.”  Everyone will have their own idea of what confrontation is and its uses. Some negative, and some positive. Defining the term “confrontational” can be difficult but thinking about the basic characteristics that are present in a confrontational interaction …

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Defining Partiality: Recognize it When You See it

Defining Partiality

How can we truly go about defining partiality? Partiality is the unfair bias that we display for ourselves and other people with whom we stand in some personal relationships. It still remains a central theme in philosophy, as well as in practice, particularly the legal practice. Within the alternative dispute resolution sphere, the word partiality, …

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How Much Does Arbitration Cost?

How much does arbitration cost?

How much does arbitration cost? Beginning in the latter part of the 20th century, Americans sought relief from costly and time-consuming litigation, with Fortune 1000 companies leading the way. Civil litigation was a rich person’s game that even rich people didn’t want to play. In response, Fortune 1000 companies increased the use of alternative dispute …

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12 Best Conflict Resolution Techniques for Effectively Resolving Disputes

12 Conflict Resolution Techniques for Effectively Resolving Disputes

There are several conflict resolution techniques that can be used to resolve conflicts between involved parties in a constructive way. Conflict exists wherever you find humans. However, this reality doesn’t need to be a cause for despair, skepticism, or cynicism. Conflict resolution is a genre that should be looked at with optimism. While difficult, resolving …

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