Business litigation involves presenting issues with business and corporate entities to the courts and arguing for business entities in court. Various topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time to complete. Understanding business …
Can text messages be used in court as evidence? More documents are created electronically than in any other fashion. Electronic devices are everywhere. Office computers, personal computers, laptops, tablets, phones, personal electronic assistants, video doorbells, and even some cars, televisions, and refrigerators can generate, transmit, and store numerous amounts of data, including text messages. Many …
Opening statements in mediation set the tone for the rest of the process. They open the mediation and begin the conciliatory process. The mediator and parties can set the stage for what they hope to accomplish and how they see the issues. Preparing can feel overwhelming because opening statements hold so much power for everyone involved. Having …
Learning all you need to know about a court-ordered mediation can feel daunting. When a court orders the parties in a family law case to mediation, there are often many questions about the process and whether the parties will be punished for failing to settle. Family law frequently involves high emotions, and mediation can feel …
Are you looking for mediation tips and tricks that work? America has a well-deserved reputation as the most litigious society in the world. Culturally, there is a significant focus on vindicating rights, winning, and competition as ends in themselves. While involvement in litigation is viewed as shameful in some societies, Americans generally view it as …
Average settlement offers during mediation are essential when a party considers using mediation to settle a lawsuit. Combining this knowledge with other tips and tricks for settling a lawsuit through mediation can ensure that a party is prepared to tackle a mediation during a civil lawsuit and achieve the best possible outcome. Having a researched …
Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently. It is often called mediation arbitration or med-arb. In this process, the parties agree to submit the dispute to mediation. Still, if an agreement cannot be reached, the mediator becomes an arbitrator, issues a decision on damages, and binds the …
What happens after an appeal is granted? Your appeal was successful. Now what? You have been fighting with your former business partner for over five years, which has taken much time, money, and energy. You were shocked when the trial court ruled against you. It was difficult to decide to commit further resources to an …
When a party wants to begin the arbitration process, they usually create and send a demand for arbitration. A demand for arbitration will start the process as the parties have agreed upon. Those on the receiving end may or may not understand what the process means, but they will quickly be immersed in the world of …
Mediation and arbitration are found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside the traditional litigation process. However, the procedures are very different. Each system presents its benefits and challenges, and neither system is truly superior to the other. Understanding how and when to use each process is vital …