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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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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Avoiding Construction Liens

Avoiding Construction Liens

The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …

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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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Who are the Sole Beneficiaries of Business?

Who are the Sole Beneficiaries of Business

Benefitting from Business Trusts When considering a trust for a business, an entrepreneur may have questions such as who are the sole beneficiaries and the trustees of a business trust.  Trusts come with a whole host of new languages and considerations that need to be made.  Placing a business in a trust can be beneficial …

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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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Valid Reasons to Get Out of a Subpoena

Valid reasons to get out of a subpoena

Finding a Way Out of a Subpoena After receiving a subpoena, the first thing many people wonder is what some valid reasons they could use to get out of a subpoena are.  Being served with a subpoena can be an intimidating process if someone has not encountered it before, and not following the directions correctly …

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What is an Insurance Dispute? 

Insurance Dispute

A common question in insurance issues concerns what an insurance dispute is and if it fits their situation.  Dealing with insurance can often be a pain, and when an insurance claim goes wrong, people may wonder how to recover from the denial or other agreement that does not match what the policyholder hoped for.  Insurance …

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Demand for Arbitration

Demand for Arbitration

When a party is looking to begin the process of arbitration, they will usually create and send a demand for arbitration.  A demand for arbitration is what will start the arbitration process as the parties have agreed upon.  Those on the receiving end may or may not understand what the process means, but they will …

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How Long Does Arbitration Take?

How long does arbitration take

Is Arbitration Really Faster? Because arbitration is often touted as a cheaper and quicker resolution when compared to litigation, curious minds may wonder how long arbitration takes.  While many proponents of arbitration state that it often moves more quickly than litigation, critics state that many times, it can just as long as litigation.  While this …

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