Power Imbalance: How Factoring in Power Works

Imbalance of Power

The factors that contribute to power imbalance are often complex and difficult to notice daily, but over time, they contribute to an unhealthy dynamic if they are not addressed.  Imbalances of power can be found in every relationship, from our most vulnerable and trusted relationships with partners and best friends to workplaces or even in …

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What is a Contingent Contract? The Pros & Cons

What is a Contingent Contract?

A contingent contract may sound like an oxymoron, as the finality of contracts is often emphasized. Still, the flexibility of negotiating contingent agreements can help keep a contract intact, even if the parties’ position changes. Negotiating the terms of a contract can be difficult, and when the parties cannot reach an agreement because of something …

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Solve vs. Resolve: What’s the Difference?

solve vs resolve

Solve vs resolve-what is the difference? The words solve and resolve have similar meanings, and many people struggle to determine the difference between them.  Within the alternative dispute resolution world, these terms can be used interchangeably when talking about how a dispute ends; however, it brings up an interesting concept when evaluating how the difference …

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Implied Contracts: What You Need to Know

Implied Contracts

An implied contract is typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Such contracts are actions or behaviors on the part of the parties that demonstrate a mutual agreement between the parties, even if it is not spoken.  These contracts are compared …

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What is a Special Master? Exploring the Role

What is a special master

What is a Special Master? Special Masters have made their way into common discourse with the rise of appointments in cases covered nationally. In fact, the most common known example of a special master comes from the recent trial of Donald J. Trump. Trump’s legal team requested to appoint a special master to review the …

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FRCP 26: General Provisions Governing Discovery

FRCP 26

FRCP 26 are the general provisions governing discovery, which is the process by which parties exchange the information evidence that they intend to present in support of their case. The Federal Rules of Civil Procedure (FRCP) are the governing rules for civil cases brought within the federal courts. This means that when preparing and litigating …

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Object to the Form

Objecting to Form

Attorneys participating in a deposition with their client will often encounter an object to the form.  They can either be the person using the objection or the person explaining the question, but the objection is likely to find its way into the deposition, as there will likely be at least one question asked that an …

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Mediation vs. Litigation: What is the Difference

mediation vs litigation

When facing a legal dispute, one consideration that has to be made is whether to choose mediation vs litigation to settle it. Alternative dispute resolution such as mediation is less costly but there are many reasons to choose the litigation process. Comparing the two processes will often result in a lot of differences, and the …

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