Claims and Counterclaims Examples

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 …

Read more

Mediation vs Arbitration: What is the Difference

Mediation vs Arbitration

Mediation and arbitration are found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside the traditional litigation process.  However, the procedures are very different.  Each system presents its benefits and challenges, and neither system is truly superior to the other.  Understanding how and when to use each process is vital …

Read more

Understanding the Benefits of Caucus Mediation

Caucus Mediation

When parties have difficulty discussing the issues with the other party in the room, the mediator may decide to move to caucus mediation. Caucuses can be a powerful tool in mediation, but some downsides need to be considered when considering a caucus. The mediator’s style will also impact when caucuses are used. Some mediators begin mediation …

Read more

Morton’s Resolution Model: Conflict is Good

Morton’s Resolution Model

The idea that conflict will have either constructive or destructive results is the main thesis behind Morton Deutch’s The Resolution of Conflict. Deutch’s 1973 work paved the way for much further sociological and psychological research on the effects of conflict and how it can influence our lives. Understanding this model can be key to working with …

Read more

Understanding The Integrative Negotiation 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 …

Read more

Court ordered mediation – All you need to know

Court ordered mediation - All you need to know

Learning all you need to know about a court-ordered mediation can feel like a daunting task.  When a court orders the parties in a family law case to mediation, there are often many questions on what the process will look like and whether the parties will be punished for failing to settle in mediation.  Family …

Read more

Negative Sum Games: Situations That Destroy Value

Negative sum games – what does it mean? While most people attend a mediation or negotiation hoping to walk away with the most possible value, when the goodwill between the parties breaks down, they may leave the table with little to nothing to show for their work.  When both parties leave the table feeling as …

Read more

Positional Bargaining Explained

Positional Bargaining

Parties preparing for negotiation may need the term “positional bargaining” explained. Positional bargaining is a negotiation strategy used to drive the bargain and attempt to secure a possible value from a bargaining session. Many people view bargaining as a harsh and poor form of negotiation. While this style of negotiation often results in win-lose situations …

Read more

Power Imbalance: How Factoring in Power Works

Imbalance of Power

The factors that contribute to power imbalance are often complex and difficult to notice daily, but over time, they contribute to an unhealthy dynamic if they are not addressed.  Imbalances of power can be found in every relationship, from our most vulnerable and trusted relationships with partners and best friends to workplaces or even in …

Read more

What is Business Litigation?

business litigation

Business litigation involves presenting issues with business and corporate entities to the courts and arguing on behalf of business entities in court. A variety of topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time …

Read more

error: ADR Times content is protected.