Prelitigation in Alternative Dispute Resolution

Prelitigation in Alternative Dispute Resolution

Well, you’re fed up with waiting. You’re finally ready to file that breach of contract suit against what used to be your best customer. They have been stringing you along, but you have had it. Or maybe you just got a nasty letter in the mail telling you the people who bought your house weren’t …

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Conciliation Process: A Step-by-Step Guide (Part I of II)

Process of Conciliation

Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution.  Conciliation is a method of dispute resolution that …

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Consumer Disputes After Resolution: How Long does it Take for a Dispute to be Removed?

Consumer Disputes After Resolution

After disputing a charge on your credit, you may still be trapped facing a consumer dispute after the resolution process.  This means that even though you have successfully disputed a charge on your credit, there may be an issue with the way it is reported on a credit report.  This type of reporting can affect …

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ODR: Online Dispute Resolution Explained

ODR: Online Dispute Resolution

Online dispute resolution can be a useful tool when facing a dispute where it is difficult or impossible to get the parties together to participate in dispute resolution. Online dispute resolution takes a variety of dispute resolution mechanisms and uses technology to help achieve a resolution online.  It primarily focuses on negotiation, mediation, and arbitration, …

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Is More Always Better? A look at the AAA’s Streamlined Panel Option

AAA’s streamlined panel

By Angela Romero Valedón and Sarah Burris Clayton. Introduction As part of the American Arbitration Association®’s (AAA) continued efforts to keep arbitration efficient and cost-effective, it formalized what had been somewhat common practice by adding an optional “feature” to its case administration.  The Streamlined Three-Arbitrator Panel Option,  which AAA added as an option for Commercial …

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Emotional Abuse in the Workplace

Emotional abuse in the workplace

Emotional abuse in the workplace is a phenomenon that affects many workers around the world.  For those suffering from workplace abuse, life can become incredibly difficult or impossible, turning dream jobs into nightmares.  Emotional abuse can be vicious because it can be difficult to detect if it is not blatant, much like adults may not …

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Dispute Resolution Continuum

ADR Continuum - ADR Times

­­ We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …

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Negotiation Checklist: 7 Basic Rules of Negotiation

Settlement Counsel

We do a lot of our negotiation without much thought.  But getting good results takes forethought, preparation, discipline, organization, and knowledge.  To help prepare you for success, here are seven basic rules of negotiation: Rule #1: Always prepare for a negotiation Preparation and planning are critical for success in any important negotiation. You need to …

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Conciliatory Policy. What is a Conciliatory Approach?

IBA International Arbitration

More businesses, schools, and governments have begun to adopt a conciliatory policy when evaluating and creating their conflict resolution processes.  Yet many people that follow and interact with these processes do not fully understand the term conciliatory and how it affects the dispute resolution process.  For some people, a conciliatory process may feel fresh and …

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What is Collaborative Law in Dispute Resolution?

What is Collaborative Law in Dispute Resolution?

Using collaborative law in dispute resolution, especially in family law, helps parties find solutions that meet their needs and the needs of the other parties.  Collaborative law, also known as collaborative practice, is a practice of law that shifts from an adversarial mindset to a collaborative mindset.  It is most commonly practiced in family law …

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