Legal Representation: Why Should I Hire an Attorney?

Legal Representation

As disputes arise and parties are beginning to consider some form of legal action or resolution process, the parties will likely be considering legal representation.  There are a variety of factors that will go into a party’s decision on whether or not to hire a lawyer, and there are benefits and drawbacks to hiring a …

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Oath in the Courtroom-Nothing but the Truth

Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court.  A lot of people could probably recite the oath from memory as well.  Yet many people may not understand the purpose of …

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Understanding Counterclaims – Examples from ADR Times

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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What Happens if You Lose in Arbitration?

What Happens if You Lose in Arbitration?

When arbitration is all said and done, there is always going to be a party who feels like they lost the arbitration.  This party will often need to consider what happens when they lose and whether there is anything they can do to contest the award.  Arbitration is often the end of the road because …

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Locus Standi Clarified

Locus Standi

When bringing a lawsuit, the parties may need the term locus standi clarified.  The term is thrown around in a legal context often, but the definition is rarely discussed outside of first-year law school classes except by the occasional legal opinion that deals with the concept.  Yet having locus standi is the foundation of bringing …

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What is a Contingent Contract?

What is a Contingent Contract?

Negotiating the terms of a contract can be difficult, and when the parties are not able to reach an agreement because of something that may happen in the future, they may decide to use a contingent contract to form an agreement.  A contingent contract may sound like an oxymoron, as the finality of contracts is …

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Consumer Disputes After Resolution: How Long does it Take for a Dispute to be Removed?

Consumer Disputes After Resolution

After disputing a charge on your credit, you may still be trapped facing a consumer dispute after the resolution process.  This means that even though you have successfully disputed a charge on your credit, there may be an issue with the way it is reported on a credit report.  This type of reporting can affect …

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What is a Boilerplate Contract?

What is a Boilerplate Contract

Whether or not to use boilerplate language in a contract is a question that is often considered in contract negotiation.  However, it can be difficult to determine what the best boilerplate language is to include.  There will also be situations where one of the parties is unaware of what boilerplate language is and how it …

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How to Find the Best Mediation Jobs Opportunities?

Mediation Jobs

Well, your classes are complete. You are a fully qualified mediator. Can you make a good living mediating?  Where can you even find a job as a mediator? What training do I need to be a mediator? Technically, you don’t need any training to be a mediator. If you have helped friends, family or even …

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Case Management Conferences

Case Management Conferences

In the early stages of a case, the parties may find out that they are required to attend a meeting called a case management conference.  A case management conference is the first step in moving the case forward and gives the judge and the parties the chance to see what the case is about and …

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