Win-Lose Situations

When one party leaves a negotiation in a worse place than when they started and the other leaves in a better, this is called a win-lose situation.  Win-lose situations, along with lose-lose situations and win-win situations, are an idea made popular by the game theory of negotiation.  Game theory refers to how a two-party, adversarial …

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Lose Lose Situations

When both parties leave a negotiation in a worse place than when they started, this is called a lose-lose situation.  Lose-lose situations, along with win-lose situations and win-win situations, are an idea made popular by the game theory of negotiation.  Game theory refers to how a two-party, adversarial negotiation can be carried out and the …

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Third Party Negotiation and its Role in ADR

Sometimes parties to a negotiation are unable to effectively pursue one-on-one bargaining with their counterparts. Negotiations include or are conducted by non-parties.  These are referred to as third-party negotiations. Types of third parties in negotiations There are five types of third-party negotiators, with different roles and different processes. * Intravenor – A third party with …

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ADR in a Virtual World: Here Today and Likely for the Foreseeable Future

By Cassandra Franklin A Look at the Past Mediation and other forms of alternative dispute resolution (ADR) have existed in other cultures for a very long time, in some serving as the principal means of resolving disputes. However, in the early United States, common law courts were the primary means of resolving disputes. As the …

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AAA Employment Arbitration Rules Explained

The enforceability and fairness of pre-dispute arbitration clauses in the employment context has been a hot topic in employment law for decades. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty percent of American workers are covered by such “mandatory” clauses. Although the employee may choose …

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Arbitration Pros and Cons and Do’s and Dont’s

When considering whether arbitration may be the best option for your claim, it is incredibly important to consider the arbitration pros and cons.  While arbitration has many benefits that make choosing arbitration the best option in a variety of cases, there are occasionally disadvantages that may make parties consider other options for dispute resolution.  This …

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Arbitration Forums: Resolving Insurance Claims

Arbitration Forums is the largest arbitration and subrogation organization that effectively and efficiently serves the insurance and claims industry.  In disputes involving insurance companies that have outstanding claims with another insurance company, the dispute would usually be submitted to the courts to decide which insurance company owes the claim.  However, Arbitration Forums provide a forum …

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Employment Arbitration Statistics: Is it Working?

Looking at employment arbitration statistics, it is easy to see a surge of workplaces implementing arbitration to resolve employment disputes within the company.  Finding the best option for resolution on a given dispute is an art, and employment disputes are no different. The process of arbitration can be beneficial for companies looking to resolve employment …

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