What are the five methods of dispute resolution?

What are the five methods of dispute resolution?

Understanding just what the five strategies or methods 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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AAA Construction Rules

AAA Construction Rules

When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association.  It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …

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What is a Collaborative Divorce?

collaborative divorce

In the long list of available options for divorce resolution, a couple may wonder what collaborative divorce is.  It is usually considered along with a variety of other alternative dispute resolution options for divorce, usually right around mediation and negotiation.  At first glance, some people may assume it is just the couple working together to …

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A Difficult Personality and How to Soothe The Beast

Difficult Personality

We’ve all dealt with a “difficult personality.” This is the person we are afraid to run into on the elevator at work, the family member who never fails to offend, or the jerk at the furniture store who refuses to refund your money on a delivery that was never made.The difficult personality is a confounding …

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Profound New Insights on Conflict and Client Psychology

Profound New Insights on Conflict and Client Psychology

As a kid I used to enjoy looking through glasses of water at the objects beyond because, depending upon the shape of the glass or the flow of the water, the images became distorted, bent, and often produced some pretty funny results. What I didn’t realize at the time was that with or without a …

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Dispute Resolution Systems Design

Dispute Resolution Systems Design

Increasingly, corporations recognize the value of a Program for managing workplace conflict that precludes litigation. These systems are designed by trained ADR consultants retained by the company on a contract basis. In order to implement such a Program, there must first be broad “buyin” from all segments of labor and management. Design consultants must therefore …

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What is Collaborative Law in Dispute Resolution?

What is Collaborative Law in Dispute Resolution?

Using collaborative law in dispute resolution, especially in family law, helps parties find solutions that meet their needs and the needs of the other parties.  Collaborative law, also known as collaborative practice, is a practice of law that shifts from an adversarial mindset to a collaborative mindset.  It is most commonly practiced in family law …

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Is Settlement Counsel a New Trend in Litigation?

Settlement Counsel

George nervously drummed his fingers on the desk. He was torn. On the one hand, he’d known this lawsuit ought to settle the moment Brad Givens retained him. The facts were weak, the law was unsettled, and Brad could make real money in partnership with the defendants, if they could stop shouting at each other.But …

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How Conflict Psychology Can Influence Judgement and Sentencing

How Conflict Psychology Can Influence Judgement and Sentencing

Inter-group conflict—Montagues vs. Capulets, Sharks vs. Jets, Crips vs. Bloods—often culminates in episodes of unplanned, catastrophic violence. These cathartic but often gruesome incidents must then be interpreted after the fact by the stereotypically level-headed third parties called upon by the criminal justice system to prosecute, defend, and ultimately judge the perpetrators. These professionals’ understanding of …

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The Zen-Resolution Revolution

The Zen-Resolution Revolution

Ever have one of those moments where you were just so frustrated that you couldn’t think straight? Where all you could think about was the problem or source of your anxiety or anger? Where you couldn’t stop thinking about it – milling about it – no matter how hard you tried? Of course you have, …

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