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 …
Of all the departments that will need to deal with conflict effectively in a workplace, the human resources department is the most likely. Outside of the hiring process, most employees will only interact with human resources during times of conflict, which often makes human resource departments the least favorite team to interact with for an …
The first step to effectively solving a conflict is to understand the difference between a resolution and a solution. The conflict has a way of repeating itself over and over, especially if it is not addressed correctly. Addressing a conflict correctly includes identifying the key differences between a resolution and a solution and using this …
Mediation and arbitration are both found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside of the traditional litigation process. However, the procedures are very different. Each system presents its own benefits and challenges, and neither system is truly superior to the other. Understanding how and when to use each …
Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim. The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …
Arbitration is often touted as a fantastic alternative to litigation, and many times it is. However, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution …
According to a study by Steele and Nimmer, the top two concerns that clients have about their attorneys are that fees are too high, and that performance is delayed. Perhaps because of this, the California Legislature passed laws in 1978 requiring that the State Bar establish a fee arbitration program. It may also establish a …
I’ve been doing appellate mediation since the program began, and I’ve been genuinely surprised by the success rate. At the program’s inception, I anticipated a significantly lower success rate than I’ve had with non-appellate mediations — but it’s about 70%, which isn’t much lower than my rate for other matters. While my approach to conducting …
The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated and defended successfully involves high …
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 …
