The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …
Intergroup conflict might arise in any workplace as various groups work together to support and further the mission and collective interests of the company. Some groups are defined by job title—the accountants, the lawyers, and the marketing team. Other groups are defined by project or subject area. Still, others may be determined by the level in the company …
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 …
When considering places to try and bypass confrontation, avoiding conflict in the workplace is often at the top of the list. Most employees prefer to move through their tasks for the day without dealing with frustrated or angry coworkers or having to sit through endless meetings with their colleagues and bosses. However, conflict in the …
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 …
Finding a Way Out of a Subpoena? After receiving a subpoena, the first thing many people wonder is what valid reasons they could use to get out of a subpoena. Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly can result …
Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim. The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …
Negotiators often face a dilemma in negotiation—should I claim this value for myself and force the other side to concede, or should I work to create value here so that I can claim more value for myself later on? This dilemma forces many negotiators into positions that they do not want to be in, and …
Communication is an important part of any workplace or group setting, and a key component of reaching agreements. When communication is healthy, a workplace or group can be productive and reach its objective. When communication breaks down, other aspects of the workplace begin to fall apart as well. In some cases, communication breaks down as …
Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers. In disputes where distributive bargaining …
