Implied Contracts: What You Need to Know

Implied Contracts

An implied contract is 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 …

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What is a Special Master? Exploring the Role

What is a special master

What is a Special Master? Special Masters have made their way into common discourse with the rise of appointments in cases covered nationally. In fact, the most common known example of a special master comes from the recent trial of Donald J. Trump. Trump’s legal team requested to appoint a special master to review the …

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FRCP 26: General Provisions Governing Discovery

FRCP 26

FRCP 26 are the general provisions governing discovery, which is the process by which parties exchange the information evidence that they intend to present in support of their case. The Federal Rules of Civil Procedure (FRCP) are the governing rules for civil cases brought within the federal courts. This means that when preparing and litigating …

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Finding the Best Mediation Jobs Opportunities

Mediation Jobs

You have your certificate, now you’ve started your search for mediation jobs. Where do you start this process? This article will help you understand a mediator’s role and responsibilities, prepare you for the work environment and equal opportunity employer, and give you some tools to make your job search easy and successful. What Training Do …

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Drafting an Effective Dispute Resolution Clause

dispute resolution clause

Being able to draft a well-written dispute-resolution clause is the foundation of successful dispute-resolution procedures. Dispute resolution clauses are crucial to every ADR (alternate dispute resolution) agreement. The use of these agreements is encouraged to ensure that the important elements of a dispute resolution proceeding are provided for. And to avoid any ambiguity which may later …

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What is Negotiation? The Fundamentals

what is negotiation

What is negotiation? For many of us, our first thoughts go to a salary or hostage negotiation scenario. But all of us engage in the negotiation process far more often than we realize. Negotiation, in simple terms, is a dialogue between two or more parties with competing interests that are trying to reach an agreement.  …

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The Implications of the Contract Clause: Protecting the Right to Private Contracts

Contract Clause

The right to create and hold a contract clause has been enumerated in the United States Constitution since the beginning. Contained in Article 1, Section 10, the clause known as the contract clause has become one of the constitutional provisions that seem minor but have had a more significant impact on the jurisprudence of the …

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Understanding the Federal Arbitration Act: United States Code Title 9

Federal Arbitration Act

The Federal Arbitration Act is the foundational law relating to enforcing arbitration agreements within the United States. Those practicing domestic or international commercial arbitration will likely be very familiar with its requirements for enforcement, yet many challenges arise under the Federal Arbitration Act, both in understanding and legal challenges. For some, the text is difficult …

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Using Principled Negotiation

Principled Negotiation

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 …

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Binding Arbitration: What You Need to Know

Binding Arbitration

Arbitration clauses have found their way into many contracts in recent years, and people will often be required to participate in binding arbitration proceedings when a dispute arises based on the contract. Finding a mandatory binding arbitration clause in an agreement can be surprising for some, but arbitration is a vital part of the alternative …

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