Claims and Counterclaims Examples

Understanding Counterclaims Examples

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 …

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Cognitive Conflict: The Power of Disagreement

Cognitive conflict

A cognitive conflict is a form of conflict that can be both beneficial and detrimental to a group dynamic or a person’s understanding.  The conflict can be beneficial in environments where various differing viewpoints are valued and needed for a broader understanding of the topic at hand.  However, when conflict revolves around a subject that …

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Separation Mediation: A Detailed Guide

Separation Mediation

When parties are considering using mediation to help them separate effectively, they may wonder how to prepare for separation mediation effectively.  For some, they may not even know what mediation entails, and they will have no idea how mediation will work for them.  Mediation is a commonly used practice, especially in family law matters, yet …

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Selective Perception: A Comprehensive Analysis

Selective Perception

The selective perception theory is that we will ignore stimuli that do not align with our existing beliefs or attitudes to focus on the ones that do. Selective perception is not inherently a bad practice, but over-reliance on it can lead to cognitive dissonance and a warped understanding of reality. When we are in situations …

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How Long After Mediation Can You Go To Court

How Long After Mediation Can You Go To Court

Understanding the aftermath of the mediation process, mediation results, and how long after mediation you can go to court is a vital step in deciding the ADR route. By now, you have likely encountered the mediation process somehow, either by personal experience or its recent rise in alternative dispute resolution circles. Mediation allows the parties …

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Morton’s Resolution Model: Conflict is Good

Morton’s Resolution Model

The idea that conflict will have either constructive or destructive results is the main thesis behind Morton Deutch’s The Resolution of Conflict. Deutch’s 1973 work paved the way for much further sociological and psychological research on the effects of conflict and how it can influence our lives. Understanding this model can be key to working with …

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Ineffective Communication Examples

Ineffective Communication

One of the best ways to learn about a topic is through examples; ineffective communication is no different. Unfortunately, many people struggle to identify ineffective communication because the examples they have been given are either too obvious, unhelpful, or so specific to a situation that they are not replicable in the real world. Because of …

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What is Interest-Based Negotiation?

Interest-Based Negotiation

When the parties use interest-based negotiation, they often reach an agreement that all of them are content with walking away from the table. This is because they focus on identifying interests and creating value for each other as they negotiate. This article will outline the technique of conflict resolution, how it is used, and why …

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Court ordered mediation – All you need to know

Court ordered mediation - All you need to know

Learning all you need to know about a court-ordered mediation can feel like a daunting task.  When a court orders the parties in a family law case to mediation, there are often many questions on what the process will look like and whether the parties will be punished for failing to settle in mediation.  Family …

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What Happens in Mediation? How the Process Works

What Happens in Mediation

What happens in mediation? Mediation has become a vital part of the conflict resolution system, yet many people have not experienced mediation, nor do they understand the process. This can cause people to decide not to participate or have many reservations about it. It can also feel overwhelming because the people involved may not know …

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