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 …
The vast majority of legal disputes aren’t ended due to a trial. But, at some point, the parties reach a mutually agreeable compromise, and the dispute is resolved. Mediation is one way to help parties reach an agreement if they can’t do it themselves. Attorney Richard Shore, writing in Forbes, has these ideas to help increase …
What is Mediation? There are many benefits to mediation, including spiritual and emotional, according to an article written by Dr. Denisha Shah. Attorneys who use the mediation process may focus on the more immediate benefits (ideally, a case settles and a file closes). Still, there are more extensive benefits that all participants may benefit from. …
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 …
Many of us try and avoid conflict at all costs. This can include changing our actions and statements to avoid causing conflict. However, conflict is an inevitable part of life, and even the most vigilant of conflict-avoiders will run into a conflict of some kind. For most, the conflict that arises will be situational, or …
When considering places to try and avoid conflict, 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 workplace is a …
