Caucus Mediation

Caucus Mediation

When parties have difficulty discussing the issues with the other party in the room, the mediator may decide to move to caucus mediation. Caucuses can be a powerful tool in mediation, but some downsides need to be considered when considering a caucus. The mediator’s style will also impact when caucuses are used. Some mediators will …

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High-Low Arbitration

high-low arbitration

When parties have elected to participate in an arbitration, they may choose to take advantage of a guarantee for recovery based on high-low arbitration. The practice has grown in popularity in personal injury and medical malpractice arbitration but is still relatively new to the alternative dispute resolution world. Some critics of the process believe that …

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How to ask for a divorce?

How to ask for a divorce

While all parts of the divorce process can be difficult, asking your spouse to initiate a divorce can be one of the most difficult parts of the process.  Learning how to ask for a divorce can be a daunting task when one spouse has decided that separation is the best thing for the family.  Even …

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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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Mediation vs. Litigation

Mediation vs. Litigation

For those facing the need to resolve a dispute, they may return to the common question of whether mediation or litigation is the best option to resolve the dispute.  Comparing the two processes will often result in a lot of differences, and the types of resolution are very distinct.  However, this does not intrinsically mean …

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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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What is a Collaborative Divorce?

collaborative divorce

In the long list of available options for divorce resolution, a couple may wonder what collaborative divorce is.  It is usually considered along with a variety of other alternative dispute resolution options for divorce, usually right around mediation and negotiation.  At first glance, some people may assume it is just the couple working together to …

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Implied Contracts Explained

Implied Contracts

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 …

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What Does it Mean to Litigate a Dispute?

litigate a dispute

As practitioners of alternative dispute resolution, we compare our methods to litigation, often without pausing to describe what it means to litigate a dispute.  Litigation is often the alternative to dispute resolution because it is the default forum to resolve a dispute in the United States and many places around the world.  It is what …

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Prelitigation in Alternative Dispute Resolution

Prelitigation in Alternative Dispute Resolution

Well, you’re fed up with waiting. You’re finally ready to file that breach of contract suit against what used to be your best customer. They have been stringing you along, but you have had it. Or maybe you just got a nasty letter in the mail telling you the people who bought your house weren’t …

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