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 …
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 …
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 …
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 …
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 …
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 …
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 …
A contingent contract may sound like an oxymoron, as the finality of contracts is often emphasized. Still, the flexibility of negotiating contingent agreements can help keep a contract intact, even if the parties’ position changes. Negotiating the terms of a contract can be difficult, and when the parties cannot reach an agreement because of something …
A scheduling conflict occurs when two or more activities or events are planned for the same period, making it impossible for an individual or a team to attend both. Schedule conflicts are a common issue in professional settings, where meetings, deadlines, and tasks often overlap. A scheduling conflict can also occur in personal life, with …
Emancipation in California is done through a comprehensive step-by-step process. In this article, we will describe the ways a minor can ask the courts to become legally emancipated and the ways that automatically grant a declaration of emancipation. What is the Emancipation of a Minor? Emancipation of a minor (CA Fam Code section 7002) refers …