Defining Partiality

Defining Partiality

How to define partiality? Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define.  I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …

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Profound New Insights on Conflict and Client Psychology

As a kid I used to enjoy looking through glasses of water at the objects beyond because, depending upon the shape of the glass or the flow of the water, the images became distorted, bent, and often produced some pretty funny results. What I didn’t realize at the time was that with or without a …

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The Broken Family

The Central Valley of California, known for its good weather and rich soil, is considered the breadbasket of the country. The many people who live in this agricultural community work hard. They know that the literal fruits of their labors feed people, and they are proud of their role in society. They are strong believers …

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Merger & Acquisitions and Mediation

Management studies suggest that only one out of six mergers, acquisitions, or spin offs fulfill their purpose. More often than not, the resulting company experiences organizational failures after the merger. The participant companies simply do not get along. Management theorists believe mergers that are successful are generally the product of interactive planning by the stakeholders. …

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The Courtroom vs. The Boxing Ring

Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.

What Matters Most At Impasse

I remember reading a piece by a newspaper columnist who described the process by which someone in that field can finally claim to have mastered the trade. The aspiring newspaper columnist starts with a head full of ideas. He might even have rough drafts or outlines for many weeks’ worth of columns in a bottom …

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What are Four Types of Out of Court Settlements?

Out-of-court settlements are becoming a common goal in a variety of disputes.  Due to the amount of time and energy that is required to take a dispute through litigation, many businesses, and parties, in general, are turning to alternative dispute resolution to keep issues out of the courts.  But many people are unaware of the …

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