How does the Petition for Declaration of Emancipation of Minor work? Let’s take a look. Seventeen-year-old Gloria stares at her bank balance unbelievingly. “Mom! Did you take money out of my savings account again? Her Mom, Jean, seems embarrassed. “I had to, baby. The rent was due and I haven’t been up to working full …
Similar in some ways to a judgment from a court, an arbitration award decides how the dispute will be resolved. See how it differs from a litigation judgment.
What is ADR? Alternative dispute resolution (ADR) is a blanket term used to speak to a series of defined processes that conflicting parties can use as an alternative to traditional litigation. The principle is comprised of two traditional methods for settling disputes that opposing parties may opt for when an agreement is being a mutually acceptable …
Our divorce mediation checklist will help you go through the divorce mediation checklist and negotiation process. When it’s time to divorce, there may be an urge to try and put the marriage entirely behind you. However, your life will probably be entangled with your spouse’s for a long time, especially if the marriage was long …
What is the power of finding and using a BATNA & WATNA? The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a …
When two parties are negotiating with one another, there are several styles and techniques that the parties may try to use to help them gain an advantage in the negotiation. One of these techniques or styles is called interest-based negotiation. When the parties are using interest-based negotiation, they will often come to an agreement that …
Understanding the types of mediation is a vital skill when preparing for and participating in mediation. Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them. It is also …
Out-of-court settlements are becoming a common goal in a variety of disputes. Due to the amount of time and energy that is required to take a dispute through litigation, many businesses, and parties, in general, are turning to alternative dispute resolution to keep issues out of the courts. But many people are unaware of the …
One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.
Choosing whether to pursue arbitration vs. litigation hinges on several factors that parties should carefully consider as they decide on how to resolve their dispute(s). Once a dispute reaches the point where it is clear that the parties cannot reach an agreement and need a third party to decide the dispute, it will likely end …
