Signs wife is changing mind about divorce

Signs wife is changing mind about divorce

Deciding to divorce can be difficult, and there are often signs that the wife may be changing their mind about the divorce.  This can confuse the parties as they attempt to navigate separation, custody, and dividing their lives because it can cause the couple to question whether the divorce is the best thing for their …

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Odds of Winning Summary Judgment

Odds of winning summary judgment

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 …

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Valid Reasons to Get Out of a Subpoena

Valid reasons to get out of a subpoena

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 …

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Mediation vs Arbitration: What is the Difference?

Mediation vs Arbitration

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 …

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Fairness and Neutrality in Mediation

Fairness and Neutrality

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 …

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How Mediation Works

How Mediation Works

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 …

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Transformative Moments in Commercial Mediation

Transformative Moments in Commercial Mediation

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 …

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Overcoming Reluctance With Trauma Victims

Trauma Victims: Overcoming Reluctance

I. INTRODUCTION Traumatic experiences become a part of an individual forever.  At a domestic level, clients may have traumatic experiences like rape, domestic violence, child abuse, and elder abuse.  At an international level, clients are often the victim of human rights abuses ranging from genocide to war crimes.  These individual have stories that may remain …

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Alternative Fee Arrangements in Corporate ADR

Alternative Fee Arrangements in Corporate ADR

By Scott Van Soye “Our General Counsel is the only guy at IBM with an unlimited budget… and he always exceeds it.” “Of course, general counsel recognize that all businesses, including law firms, must make a profit but, given the pressures they currently face, getting “the most bang for the buck” is an imperative.” Which …

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