An Introduction to The Five Stages of Mediation

Jim and John had been successful design partners for six years. The business had grown from the two of them to twelve engineers. Now Jim wanted to accept an acquisition offer, but John wanted to expand while they could buy new buildings cheaply.  If the impasse continued, both opportunities would expire. Jim was bitter and …

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California Arbitration Act – Importance of Arbitration

Any arbitration that takes place in California must comply with the California Arbitration Act. The California Arbitration Act is a piece of legislation that regulates private arbitration in the state of California. This law is intended to create and streamline the process of arbitration in the state. Certain provisions of the law have caused controversy, …

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Top 10 Best Arbitration Books Every Arbitrator Should Read

Arbitration is a process whereby impartial adjudicators – arbitrators, resolve a clash between individuals or groups. The decisions or the arbitral awards that the adjudicator arrives at, are final and binding on the parties. In contrast to mediation where the mediator facilitates negotiations between parties; in arbitration, the neutral arbitrator(s) has the authority to make a binding decision about the dispute. Whether you’re a student of dispute resolution, or the law, a practitioner, or a party to a dispute, there are plenty of books available to learn more about arbitration. 

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Anger Masks Emotions in Mediation

Famed psychologist Paul Ekman calls anger one of the six basic emotions. He notes that its expression is universal across cultures. Even as infants, we instinctively recognize and react to its presence in those around us. According to Ekman, anger originates when an important goal is frustrated, or someone tries to hurt us or someone we feel responsible for, physically or psychologically. Under this definition, anger is a response to threatening external stimuli, which is often accompanied by a desire to hurt the source of the anger producing events.

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Drafting an Effective Dispute Resolution Clause

The most recent survey concerning the use of an alternative dispute resolution clause by Fortune 1000 companies found that 98% used mediation, 83 % used arbitration, and 51% used mediation-arbitration within the last three years. More than half of respondents said their motivation for doing so was a contractual requirement. Therefore, one would expect to find …

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Average Settlement Offers During Mediation – Best Tips for 2021

Average settlement offers during mediation are an important consideration when a party is considering 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 lawsuit and achieve the best possible outcome. Having …

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Intergroup Conflict: Causes, Consequences, and Solutions

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 …

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The 10 Best Negotiation Books of 2021

Most people want to get what they desire, which is where negotiating can come into play. There are countless books about negotiation out there, but which one is the best option? Learning to bargain is quite easy with the right tools. Whether it’s for business, your personal life, or something else, negotiating skills are essential. …

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