Are you looking for a negotiation checklist? 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 …
Parties preparing for negotiation may need the term “positional bargaining” explained. Positional bargaining 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 this style of negotiation often results in win-lose situations …
Average settlement offers during mediation are essential when a party considers 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 civil lawsuit and achieve the best possible outcome. Having a researched …
Business litigation involves presenting issues with business and corporate entities to the courts and arguing on behalf of business entities in court. A variety of topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time …
Retributive justice, a fundamental principle in contemporary legal systems, posits that the punishment for an offense should correspond in scale to the crime itself. The idea is to ensure perpetrators experience their “just deserts,” balancing the scales of justice by receiving a penalty deemed appropriate for their wrongdoing. This concept anchors much of today’s criminal …
Emancipation in California is done through a comprehensive step-by-step process. In this article, we will describe the ways a minor can ask the courts to become legally emancipated and the ways that automatically grant a declaration of emancipation. What is the Emancipation of a Minor? Emancipation of a minor (CA Fam Code section 7002) refers …
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, …
What are the 5 Requirements for Adverse Possession? Adverse possession, often referred to as squatter’s rights, is a legal principle that includes 5 requirements that allow a person to claim ownership of a property if they have occupied it for a certain period without the true owner’s permission. Though laws can vary by jurisdiction, there …
Unless you are heavily invested in civil rights litigation or politically active, disparate impact may be a foreign concept. Many claims that are based on disparate impact are often brought against people and by people who may not have had exposure to the term before. However, civil rights advocates understand the impact of this type …
Who is a mediator? A mediator is a neutral third party who facilitates dialogue between conflicting parties to help them reach a resolution. This individual does not impose decisions but rather guides the conversation to enable the disputants to find their own solutions. The mediation process emphasizes collaboration, understanding, and agreement. A mediation session can …