Emancipation in California

Emancipation in California

How does Emancipation in California of Minor work? Let’s take a look. What is the emancipation of a minor? Emancipation of a minor (CA Fam Code section 7002) refers to the legal process of releasing a minor child from parental control, the legal way of making them a legal adult before they reach the “age …

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Imbalance of Power: How Factoring in Power Works

Imbalance of Power

The factors that contribute to an imbalance of power are often hard to notice on a day-to-day basis, but over time they contribute to an unhealthy dynamic if they are not addressed.  Imbalances of power can be found in every relationship that we engage in as humans, from our most vulnerable and trusted relationships with …

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Positional Bargaining Explained

Positional Bargaining

Parties preparing for negotiation may need the term “positional bargaining” explained. It 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 it is true that this style of negotiation often results …

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Odds of Winning Summary Judgment

Odds of winning summary judgment

The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …

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BATNA & WATNA: Finding and Using Negotiation Power


What is the power of finding and using a BATNA & WATNA? The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a …

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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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What are Four Types of Out of Court Settlements?

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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Limits of Confidentiality

limits of confidentiality

While much of the alternative dispute resolution world, and many other professional fields, love to highlight the benefits of confidentiality, many of them fail to point out the limits of confidentiality.  Understanding these limits is a vital aspect of sharing your information and keeping your information confidential.  Without a clear understanding of when confidentiality will …

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What is Overconfidence?

what is overconfidence

Are you sure you are going to come out on top in the upcoming business negotiations, though you have just joined the bargaining team? Be careful, you may be suffering from overconfidence.  According to Merriam-Webster.com, overconfidence is: “The quality of being overconfident; excessive confidence.”    Overconfident, in turn, is defined as:  “excessively or unjustifiably confident: …

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When a Power Imbalance Exists: Identifying a Power of Imbalance

Identifying a Power Imbalance

One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.