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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AAA Environmental Training

AAA Environmental Training

The web of American environmental laws:  Though he is usually remembered for other things, Richard Nixon was in some ways our most environmentally friendly president. Most observers mark the September 1962 publication of marine biologist Rachel Carson’s Silent Spring (warning about the environmental damage done by synthetic pesticides like DDT) as the beginning of the …

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Who are Labor Arbitrators?

labor arbitrators

Workplace disputes and collective bargaining issues are often resolved by a specialized type of arbitrator called a labor arbitrator.  While many arbitrators will cover a wide variety of subject matters and bring their own experience to their arbitrations, labor arbitrators often go through specialized training and bring specific experience to help resolve the intricate and …

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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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The Role of Outside Counsel 

Outside Counsel 

Legal spending by corporations will almost certainly continue to tighten in 2022.  The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs.  These efforts have taken many forms. The key to many of the cost-cutting measures …

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Anchoring in Negotiation

Anchoring in Negotiation

How much to pay to settle a dispute or purchase an item or settle a dispute is one of the most important decisions to be made before bargaining begins. A great many factors will influence the decision.  Someone considering settlement will take into account, among other things: The need to preserve a relationship with 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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Class Action Arbitration: The Legality and Related Waiver Clauses

Class Action Arbitration

One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof.  Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …

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What are Impasse Solutions in Negotiation?

What are impasse solutions in negotiation?

What are impasse solutions in negotiation? We negotiate our way through life.  Every day, we enter into a series of agreements and exchanges to meet our needs.  “Negotiation” is simply a communication process between people who are trying to meet their needs and goals regarding something and need their negotiating counterparts’ cooperation to do so.  …

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Narrative Mediation Process Explained

Narrative Mediation

Narrative mediation is a style of mediation that focuses on the story of the relationship between the people who are in dispute and looks to heal this relationship as well as resolve the dispute.  It focuses on how each party tells their story and the unique moment where the stories intersected in a way that …

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