Frustration of Purpose

When creating a contract, few people imagine that they will need to use the frustration of purpose to stop performing under the contract. However, no one can foresee how things will happen as the contract moves on, and events can render the contract useless to its purpose. Contracts are agreements between two or more parties …

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Arbitration Notice

The first step in arbitration is generally served on the parties (and filing with the arbitration provider) a Notice of Arbitration. However, at times (depending on the provisions of the contractual arbitration clause, the applicable arbitration rules, or legal authority), another document, such as a Notice of Appointment of Arbitrator(s), may begin the arbitral proceedings. …

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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 will …

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High-Low Arbitration

high-low arbitration

When parties have elected to participate in an arbitration, they may choose to take advantage of a guarantee for recovery based on high-low arbitration. The practice has grown in popularity in personal injury and medical malpractice arbitration but is still relatively new to the alternative dispute resolution world. Some critics of the process believe that …

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What is a communication coach?

What is a communication coach?

Communication is the key to achieving a lot in the world, so when communication does not come as easy, it can be not easy to move forward in a career or effectively negotiate for something that you want.  This is where the skills and work of a communication coach may come in.  Communication coaches are …

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Defining Partiality

Defining Partiality

Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define.  It often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute resolution, the prohibition against partiality …

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Average Settlement Offers During Mediation – Best Tips for 2022

Average settlement offers during mediation

Average settlement offers during mediation are an important consideration when a party is considering using mediation to settle a lawsuit. Combining this knowledge with other tips and tricks for settling a lawsuit through mediation can ensure that a party is prepared to tackle a mediation during a lawsuit and achieve the best possible outcome. Having …

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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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