Principled negotiation is an interest-based approach that focuses on conflict management and resolution over getting the best possible deal. It comes from the ideas of Roger Fisher, William Ury, and Bruce Patton, who spearheaded the push for conflict resolution outside of positional bargaining. Negotiators rely on the underlying interests of the parties involved to determine …
Opening statements in mediation set the tone for the rest of the mediation process. A mediation opening statement opens the mediation and begins the conciliatory process. Both the mediator and parties have the opportunity to set the stage for what they hope to accomplish and how they see the issues at hand. Because they hold …
Implied contracts are typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Such contracts are actions or behaviors on the part of the parties that demonstrate a mutual agreement between the parties, even if it is not spoken. These contracts are compared to …
You may be wondering what goes into the settlement process and just how lawyers negotiate settlements. When you are harmed by someone else’s negligence, like in a car accident, you may decide to seek compensation through a personal injury claim. While the litigation process can bring just compensation and help you resolve an insurance claim, …
Attorneys participating in a deposition with their client will often encounter an object to the form. They can either be the person using the objection or the person explaining the question, but the objection is likely to find its way into the deposition, as there will likely be at least one question asked that an …
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. …
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 …
Exploring examples of counterclaims can be beneficial in helping a party understand what issues they can raise against someone who has brought a civil lawsuit against them and how they may try and recover against the same party. It can also help a party understand when they may have to bring the counterclaim at that …
Labor arbitration is a critical aspect of labor relations, as it plays a pivotal role in maintaining harmony within the workplace. This dispute-resolution method offers an alternative to litigation and strikes by providing a platform where labor disputes between employers and employees can be resolved amicably. This comprehensive guide aims to shed light on labor …
What does litigate mean? The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated …