Mediation vs. Litigation

Mediation vs. Litigation

For those facing the need to resolve a dispute, they may return to the common question of whether mediation or litigation is the best option to resolve the dispute.  Comparing the two processes will often result in a lot of differences, and the types of resolution are very distinct.  However, this does not intrinsically mean …

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What are the five methods of dispute resolution?

What are the five methods of dispute resolution?

Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process.  This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs.  The …

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Face Negotiation Theory in Action

Face Negotiation Theory

Let’s take a deeper look into a Face Negotiation Theory. Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe …

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Conflict Resolution Includes All of the Following Except…

Conflict Resolution Includes All of Following Except...

Conflict resolution includes all of the following, except…? Conflict, whether between individuals, groups, governments or some combination of these, comes in many forms. Conflict resolution includes multiple processes and methods in facilitating a peaceful ending. Every form of conflict is a purposeful effort to meet some need or gain some advantage, whether it is status, …

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What Happens if You Lose in Arbitration?

What Happens if You Lose in Arbitration?

When arbitration is all said and done, there is always going to be a party who feels like they lost the arbitration.  This party will often need to consider what happens when they lose and whether there is anything they can do to contest the award.  Arbitration is often the end of the road because …

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How Long Does Arbitration Take?

How long does arbitration take

Is Arbitration Really Faster? Because arbitration is often touted as a cheaper and quicker resolution when compared to litigation, curious minds may wonder how long arbitration takes.  While many proponents of arbitration state that it often moves more quickly than litigation, critics state that many times, it can just as long as litigation.  While this …

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NAM: National Arbitration and Mediation

NAM: National Arbitration and Mediation

  When people are seeking out alternative dispute resolution services in the United States, many will look straight to NAM: National Arbitration and Mediation.  NAM has regularly been recognized as the leading alternative dispute resolution provider in the United States has provided exceptional service for almost 30 years.  The services provided by NAM and the …

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What Does it Mean to Litigate a Dispute?

litigate a dispute

As practitioners of alternative dispute resolution, we compare our methods to litigation, often without pausing to describe what it means to litigate a dispute.  Litigation is often the alternative to dispute resolution because it is the default forum to resolve a dispute in the United States and many places around the world.  It is what …

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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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Collaborative Law vs Mediation

Collaborative Law vs Mediation

Collaborative Law vs Mediation: what should you pick? Amy and Bob Cromwell married ten years ago and have three children.  The spark between them died years ago.  They work together in the family business, Cromwell’s Crackers. After some painful conversations, they have decided to divorce. The Cromwells do not want lengthy and contentious litigation that …

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