Justice vs. Fairness and the World of ADR

Justice vs. Fairness

Justice and fairness are words that have found their way to the front of our minds this year in the United States.  The country has been facing increased calls for justice and fairness for all Americans, regardless of the color of their skin or other characteristics.  As the year has continued, many people have had …

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Oath in the Courtroom-Nothing but the Truth

Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court.  A lot of people could probably recite the oath from memory as well.  Yet many people may not understand the purpose of …

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Understanding Counterclaims – Examples from ADR Times

Understanding Counterclaims Examples

Exploring examples of counterclaims can be beneficial in helping a party understand what issues they can raise against someone who has brought a civil lawsuit against them and how they may try and recover against the same party.  It can also help a party understand when they may have to bring the counterclaim at that …

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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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Positional Bargaining Explained

Positional Bargaining

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

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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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Online Divorce Mediation

Online Divorce Mediation

Is online divorce mediation effective? Let’s take a look. This is just not Joe’s week.  His wife Janice is out of state with the kids on a trip to visit her parents.  He stayed behind to catch up at work.  Somehow, that had been the wrong choice.  It led to a huge argument before they …

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Mediation vs Arbitration: What is the Difference?

Mediation vs Arbitration

Mediation and arbitration are both processes found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of traditional litigation.  However, the processes are very different and work best in certain situations over others.  Some people will have opinions about which system will work the best which are usually informed by …

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