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 …
Understanding the types of mediation is a vital skill when preparing for and participating in mediation. Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them. It is also …
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 …
Average settlement offers during mediation are an important consideration when a party is considering 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. …
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 …
Mediation and arbitration are both found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of the traditional litigation process. However, the procedures are very different. Each system presents its own benefits and challenges, and neither system is truly superior to the other. Understanding how and when to use each …
Allen Brent smirked across the negotiating table at Sheila. “You know, Ms. Baker, you haven’t got a snowball’s chance of winning. I’m authorized to offer you three months’ salary and a waiver of costs in return for complete dismissal, No more.” “Three months! That’s unfair. Renee got a year! And she didn’t have my medical …
A book by Stephen Goldberg, Jeanne Brett, Beatrice Blohorn-Brenneur, and Nancy Rogers presents a concise primer on what participants can expect from the mediation process. As academics, the authors ground their discussion in theory, starting with an explanation of the differences between conflicts and disputes and how disputes can be resolved regarding power, rights, and …
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 …
If you or someone you love was injured in some way, you may be wondering how to win your personal injury claim. Personal injury claims make up a large portion of the civil claims that are heard each year because people will often be hurt by negligence or other conduct on the part of manufacturers, …
