Conflict is often painted in a bad light. It can make people feel uneasy and often contributes to the breakdown of relationships. However, not all conflict is destructive, and there are times when conflict may be beneficial for a situation or relationship. The idea that conflict will have either constructive or destructive results is the …
Communication is an important part of any workplace or group setting, and a key component of reaching agreements. When communication is healthy, a workplace or group can be productive and reach its objective. When communication breaks down, other aspects of the workplace begin to fall apart as well. In some cases, communication breaks down as …
Mediation is a dynamic process. This can mean stepping back, leaning out, and adopting a process that empowers the parties to set their own agenda and seek outcomes that may greatly vary from the objectives set forth in the briefs by lawyers who are trained as advocates more than problem-solvers. In disputes where distributive bargaining …
Many of us try and avoid conflict at all costs. This can include changing our actions and statements to avoid causing conflict. However, conflict is an inevitable part of life, and even the most vigilant of conflict-avoiders will run into a conflict of some kind. For most, the conflict that arises will be situational, or …
When considering places to try and avoid conflict, the workplace is often at the top of the list. Most employees prefer to move through their tasks for the day without dealing with frustrated or angry coworkers or having to sit through endless meetings with their colleagues and bosses. However, conflict in the workplace is a …
The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated and defended successfully involves high …
Implied contracts are typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Implied contracts are actions or behaviors on the part of the parties that demonstrate an agreement between the parties, even if it is not spoken. These contracts are compared to express …
How to define 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. I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …
Understanding how men move through divorce emotional stages can be helpful, whether you are going through the divorce or supporting someone. Divorce is a shocking and emotional time for all parties involved, spouses, children, and other family members. Several factors can affect how a person moves through and copes with divorce, including their role in …
When two parties have gotten wrapped up in a dispute and one party would like to resolve the situation without litigation, but the other is resistant, it may be beneficial to try using case evaluation. Case evaluation will often reevaluate the stubborn party’s position and help wrap up the case in a way that can …
