How to prepare for a real estate arbitration? When problems arise in buying or selling real estate, many participants have started to turn to real estate arbitration and mediation. Buying and selling real estate is a big decision, whether it is a family home or a giant corporate center. Negotiating and agreeing on a price …
What is negotiation? For many of us, our first thoughts go to a salary or hostage negotiation scenario. But all of us engage in the negotiation process far more often than we realize. Negotiation, in simple terms, is a dialogue between two or more parties with competing interests that are trying to reach an agreement. …
The right to create and hold a contract clause has been enumerated in the United States Constitution since the beginning. Contained in Article 1, Section 10, the clause known as the contract clause has become one of the constitutional provisions that seem minor but have had a more significant impact on the jurisprudence of the …
The types of workplace conflict are universal, but the conflict resolution steps vary. When conflicts arise, these workplace conflicts can result in decreased productivity and interfere with the culture of the team, the general work environment, or the company as a whole. Conflict in the workplace needs to be addressed quickly and efficiently to ensure …
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.
Have you ever considered why the competitive negotiation style is sometimes a better option than other negotiation styles like the collaborative negotiation style or the compromising negotiation style? Negotiation is a critical skill in both personal and professional life. In the business world, one common form of negotiation is competitive negotiation. It’s an approach where …
Who is a mediator? A mediator is a neutral third party who facilitates dialogue between conflicting parties to help them reach a resolution. This individual does not impose decisions but rather guides the conversation to enable the disputants to find their own solutions. The mediation process emphasizes collaboration, understanding, and agreement. A mediation session can …
When a party to a case feels that the court should rule in their favor in an action, they can ask the court to dismiss the case through a dispositive motion. This will end the full case between the parties, or it may settle one of the claims between the parties. It is occasionally called …
The common definition of facilitator is someone who helps a person or groups through an action or process. For the purpose of dispute resolution, a facilitator usually leads the discussions and helps move the dispute resolution process forward for all the participants involved. Finding an effective facilitator can resolve a dispute with the best possible …
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. …