Mediation in Personal Injury

Personal injury mediation

Personal injury mediation is a thriving practice in many parts of the country.  Mediation takes personal injury cases out of the court systems and allows the parties to come together to discuss a possible way forward.  Mediation is popular in personal injury cases because it allows the parties to have control over the outcome of …

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Value Conflicts Explained

What is a Value Conflict? Conflicts are an inherent part of social existence because we are in constant competition for resources.   We also are in conflict because we have different goals and different ideas about our place in society, what our rights, duties, and responsibilities to other people are, and what constitutes right, wrong, …

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Business Litigation Explained

Business litigation is the process of presenting issues with business and corporate entities to the courts and arguing on behalf of business entities in court.  There are a variety of topics that may be the subject of business litigation, and many business litigation attorneys are experts in one of these areas.  These disputes can be …

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What are the five methods of dispute resolution?

Understanding just what the five methods or strategies of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process.  This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs.  The …

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What is capability building?

Capacity building is the process of evaluating a party’s ability to achieve their goals and solve issues that arise in their day-to-day operations.  It also evaluates the party’s ability to expand its operations and capacity to achieve more of its goals in the future.  Several broad types of capacity can be built as broad categories, …

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Conflict Management vs Conflict Resolution

When people are in conflict, they can choose either conflict resolution or conflict management.  While some people see the two options as the same, they are actually different processes that can shape the way conflict is dealt with and if it is resolved.  The two processes have different objectives and will often achieve different outcomes …

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What is an Intractable Conflict?

When conflicts are lasting between parties and it seems like there are no options to move past, it may be time to move beyond intractability and find creative solutions to solve the conflict and restore some of the relationships between the parties.  Intractable conflicts involve a variety of issues, but their common characteristic is the …

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Mastering Your Emotions in Conflict Resolution

Chances are if you’ve participated in any form of dispute resolution, there has been a point where you or someone working with you has suggested that you master your emotions.  The suggestion is much easier said than done, as emotions are strong and can often feel overwhelming and uncontrollable.  And in many circumstances, feeling and …

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Win-Win Situations

A win-win situation occurs when both parties leave a negotiation in a better position than when they entered, and in essence, a better outcome than expected beforehand, is achieved for both parties. Win-win outcomes (“expanding the pie”) are often an advanced version of integrative bargaining vs distributive bargaining, which follows game theory. Game theory refers to …

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