Claims and Counterclaims Examples

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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7 Proven Steps for Drafting A Mediation Brief

Mediation briefs

Attorneys receive lots of training and spend countless hours practicing to prepare winning appellate briefs, arguments, and summary judgment motions. With that said, it’s important to also focus on mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.

Understanding the Benefits of 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 begin mediation …

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Separation Mediation: A Detailed Guide

Separation Mediation

When parties are considering using mediation to help them separate effectively, they may wonder how to prepare for separation mediation effectively.  For some, they may not even know what mediation entails, and they will have no idea how mediation will work for them.  Mediation is a commonly used practice, especially in family law matters, yet …

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Understanding The Integrative Negotiation Style

Integrative Negotiation

While it is not a new concept, integrative negotiation is a tool that may feel new to some negotiators. When negotiations are starting to fall apart, and the parties seem to be making little progress toward an agreement, taking an integrative approach to negotiation may help the parties find common ground or a place where …

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Court ordered mediation – All you need to know

Court ordered mediation - All you need to know

Learning all you need to know about a court-ordered mediation can feel like a daunting task.  When a court orders the parties in a family law case to mediation, there are often many questions on what the process will look like and whether the parties will be punished for failing to settle in mediation.  Family …

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Negotiation Checklist: 7 Basic Rules of Negotiation

Settlement Counsel

Are you looking for a negotiation checklist? We do a lot of our negotiation without much thought.  But getting good results takes forethought, preparation, discipline, organization, and knowledge.  To help prepare you for success, here are seven basic rules of negotiation: Rule #1: Always prepare for a negotiation Preparation and planning are critical for success …

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Positional Bargaining Explained

Positional Bargaining

Parties preparing for negotiation may need the term “positional bargaining” explained. Positional bargaining is a negotiation strategy used to drive the bargain and attempt to secure a possible value from a bargaining session. Many people view bargaining as a harsh and poor form of negotiation. While this style of negotiation often results in win-lose situations …

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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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