What is a paralegal? In the intricate world of law, numerous roles coalesce to facilitate the seamless functioning of law firms. One such indispensable role is that of a paralegal. These legal assistants are vital to the daily operations of any law office. This comprehensive blog post will explain what it means to be a …
A contingent contract may sound like an oxymoron, as the finality of contracts is often emphasized. Still, the flexibility of negotiating contingent agreements can help keep a contract intact, even if the parties’ position changes. Negotiating the terms of a contract can be difficult, and when the parties cannot reach an agreement because of something …
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 …
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 …
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 …
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 …
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 …
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. …
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 …
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 …