What is Business Litigation?

business litigation

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 lawyers are experts in one of these areas.  These business litigation disputes …

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Mediation vs. Litigation

Mediation vs. Litigation

For those facing the need to resolve a dispute, they may return to the common question of whether mediation or litigation is the best option to resolve the dispute.  Comparing the two processes will often result in a lot of differences, and the types of resolution are very distinct.  However, this does not intrinsically mean …

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Arbitration Appeals: A Safety Valve That Is Fast, Fair, Cost-Effective, and Final

Arbitration Appeals

By Patricia H. Thompson, FCIArb Arbitration provides a toolbox of dispute resolution options that are quicker, more targeted, and less expensive than litigation. However, formal and informal surveys reveal that one important component of this toolbox is unknown or misunderstood by corporate and outside counsel: the parties’ contractual right to appeal the final award, “on …

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Avoiding Construction Liens

Avoiding Construction Liens

The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …

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Oath in the Courtroom-Nothing but the Truth

Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court.  A lot of people could probably recite the oath from memory as well.  Yet many people may not understand the purpose of …

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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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Understanding Counterclaims – Examples from ADR Times

Understanding Counterclaims Examples

Exploring examples of counterclaims can be beneficial in helping a party understand what issues they can raise against someone who has brought a civil lawsuit against them and how they may try and recover against the same party.  It can also help a party understand when they may have to bring the counterclaim at that …

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Valid Reasons to Get Out of a Subpoena

Valid reasons to get out of a subpoena

Finding a Way Out of a Subpoena After receiving a subpoena, the first thing many people wonder is what some valid reasons they could use to get out of a subpoena are.  Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly …

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Who are Labor Arbitrators?

labor arbitrators

Workplace disputes and collective bargaining issues are often resolved by a specialized type of arbitrator called a labor arbitrator.  While many arbitrators will cover a wide variety of subject matters and bring their own experience to their arbitrations, labor arbitrators often go through specialized training and bring specific experience to help resolve the intricate and …

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Conflict Resolution Includes All of the Following Except…

Conflict Resolution Includes All of Following Except...

Conflict resolution includes all of the following, except…? Conflict, whether between individuals, groups, governments or some combination of these, comes in many forms. Conflict resolution includes multiple processes and methods in facilitating a peaceful ending. Every form of conflict is a purposeful effort to meet some need or gain some advantage, whether it is status, …

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