Emancipation in California

Emancipation in California

How does Emancipation in California of Minor work? Let’s take a look. What is the emancipation of a minor? Emancipation of a minor (CA Fam Code section 7002) refers to the legal process of releasing a minor child from parental control, the legal way of making them a legal adult before they reach the “age …

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Positional Bargaining Explained

Positional Bargaining

Parties preparing for negotiation may need the term “positional bargaining” explained. It is a negotiation strategy used to drive the bargain and attempt to secure a possible value from a bargaining session. Many people view bargaining as a harsh and poor form of negotiation. While it is true that this style of negotiation often results …

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Capacity Building Activities Explained

Capacity building

Capacity-building activities help a party to achieve its goals and solve issues that arise in its day-to-day operations. Capacity building evaluates the party’s ability to expand its operations and capacity to reach more of its goals in the future. Several broad types of capacity can be built as general categories, but capacity can be made …

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Odds of Winning Summary Judgment

Odds of winning summary judgment

The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …

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Conflict Mediation Scenarios: Identifying & Solving Problems

Mediation is quickly becoming a way to resolve disputes within the workplace and other settings.  Looking at the different kinds of mediation scenarios that play out in mediation allows us to understand how helpful mediation can be.  Although conflict is a fact of life, mediation helps make it a manageable and productive part of life.  …

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Types of Mediation: Evaluative, Facilitative, and Transformative

Types of Mediation

Understanding the types of mediation is a vital skill when preparing for and participating in mediation.  Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them.  It is also …

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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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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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Value Conflicts Explained

Value Conflicts

What is a Value Conflict? Conflicts are an inherent part of social existence because we are in constant competition for resources.   We also are in conflict because we have different goals and different ideas about our place in society, what our rights, duties, and responsibilities to other people are, and what constitutes right, wrong, …

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What is Overconfidence?

what is overconfidence

Are you sure you are going to come out on top in the upcoming business negotiations, though you have just joined the bargaining team? Be careful, you may be suffering from overconfidence.  According to Merriam-Webster.com, overconfidence is: “The quality of being overconfident; excessive confidence.”    Overconfident, in turn, is defined as:  “excessively or unjustifiably confident: …

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