What is Business Litigation?

business litigation

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 …

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Justice vs. Fairness and the World of ADR

Justice vs. Fairness

Justice and fairness are words that have found their way to the front of our minds this year in the United States.  The country has been facing increased calls for justice and fairness for all Americans, regardless of the color of their skin or other characteristics.  As the year has continued, many people have had …

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Arbitration Appeals: A Safety Valve That Is Fast, Fair, Cost-Effective, and Final

Arbitration Appeals

By Patricia H. Thompson, FCIArb Arbitration provides a toolbox of dispute resolution options that are quicker, more targeted, and less expensive than litigation. However, formal and informal surveys reveal that one important component of this toolbox is unknown or misunderstood by corporate and outside counsel: the parties’ contractual right to appeal the final award, “on …

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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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Face Negotiation Theory in Action

Face Negotiation Theory

Let’s take a deeper look into a Face Negotiation Theory. Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe …

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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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The Role of Outside Counsel 

Outside Counsel 

Legal spending by corporations will almost certainly continue to tighten in 2022.  The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs.  These efforts have taken many forms. The key to many of the cost-cutting measures …

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How Long Does Arbitration Take?

How long does arbitration take

Is Arbitration Really Faster? Because arbitration is often touted as a cheaper and quicker resolution when compared to litigation, curious minds may wonder how long arbitration takes.  While many proponents of arbitration state that it often moves more quickly than litigation, critics state that many times, it can just as long as litigation.  While this …

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Integrative Negotiation: Understanding and Implementing the Style

Integrative Negotiation

While it is not a new concept, integrative negotiation is a tool that may feel new to some negotiators. When negotiations are starting to fall apart and the parties seem to be making little progress toward an agreement, taking an integrative approach to negotiation may help the parties find common ground or a place where …

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