What are Impasse Solutions in Negotiation?

What are impasse solutions in negotiation?

What are impasse solutions in negotiation? We negotiate our way through life.  Every day, we enter into a series of agreements and exchanges to meet our needs.  “Negotiation” is simply a communication process between people who are trying to meet their needs and goals regarding something and need their negotiating counterparts’ cooperation to do so.  …

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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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What is a Mediation Charge?

Mediation Charge

Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial.  But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …

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Emancipation in California

Emancipation in California

Seventeen-year-old Gloria stares at her bank balance unbelievingly. “Mom! Did you take money out of my savings account again?  Her Mom, Jean, seems embarrassed. “I had to, baby. The rent was due and I haven’t been up to working full time since your father died,” whined her mother from in front of the television.  “Mom, …

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What Does a Mediation Lawyer Do?

What Does a Mediation Lawyer Do?

What a mess. Recently, you were driving the middle car during a three-car accident.  Your car was totaled, you had to have leg surgery.  You have missed a lot of work and are way behind on many of your bills. You have been negotiating with all three insurance companies by yourself. You don’t think there …

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A Difficult Personality and How to Soothe The Beast

Difficult Personality

We’ve all dealt with a “difficult personality.” This is the person we are afraid to run into on the elevator at work, the family member who never fails to offend, or the jerk at the furniture store who refuses to refund your money on a delivery that was never made.The difficult personality is a confounding …

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Stipulated Judgment vs Settlement Agreement

Stipulated Judgment vs Settlement Agreement

After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement.  On the surface, the two options look very similar.  Both include the …

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Profound New Insights on Conflict and Client Psychology

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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When to Negotiate the Litigated Case

When to Negotiate the Litigated Case

There are two eternal truths about litigated cases:1) There is a tremendous likelihood the case will be settled without trial; 2) The settlement could occur any time from the moment the case is filed until the eve of trial. That vacuum of time provides many favorable and unfavorable opportunities to negotiate a resolution to a …

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The Negotiation Dance: 5 Reasons Not To Sit Out

The Negotiation Dance

Negotiating price (or a settlement amount) can be a long and frustrating process.Think about the last time you bought a car. Exhausting, wasn’t it? And yet research has shown that the outcome is often predictable. Professor Peter Robinson of Pepperdine University reports that such negotiations usually end with an agreement about halfway between the first …

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