Limits of Confidentiality

limits of confidentiality

While much of the alternative dispute resolution world, and many other professional fields, love to highlight the benefits of confidentiality, many of them fail to point out the limits of confidentiality.  Understanding these limits is a vital aspect of sharing your information and keeping your information confidential.  Without a clear understanding of when confidentiality will …

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Privacy vs Confidentiality: What is the Difference?

Privacy vs Confidentiality

Privacy and confidentiality are words that are used often and interchangeably in the legal and dispute resolution world, yet there are key differences between the terms that are important to understand.  Just what these differences are and how they affect information is a concept that is sometimes overlooked when engaging in a legal dispute.  Many …

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Imbalance of Power: How Factoring in Power Works

Imbalance of Power

The factors that contribute to an imbalance of power are often hard to notice on a day-to-day basis, but over time they contribute to an unhealthy dynamic if they are not addressed.  Imbalances of power can be found in every relationship that we engage in as humans, from our most vulnerable and trusted relationships with …

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What are Impasse Solutions in Negotiation?

What are impasse solutions in negotiation?

What are impasse solutions in negotiation? We negotiate our way through life.  Every day, we enter into a series of agreements and exchanges to meet our needs.  “Negotiation” is simply a communication process between people who are trying to meet their needs and goals regarding something and need their negotiating counterparts’ cooperation to do so.  …

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Pretrial and Post Trial Motions

Pretrial and Post Trial Motions

If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case.  Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …

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Dispute Resolution Continuum

ADR Continuum - ADR Times

­­ We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …

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Negotiation Checklist: 7 Basic Rules of Negotiation

Settlement Counsel

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 in any important negotiation. You need to …

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The Fundamental Attribution Error in Mediation

Fundamental Attribution Error

Have you ever had someone blame you for something when there was nothing you could have done to change the situation? For example, have you ever made a promise to someone (say, to be at a certain place at a certain time) had something come up, and then have them become offended – where they …

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When to Negotiate the Litigated Case

When to Negotiate the Litigated Case

There are two eternal truths about litigated cases:1) There is a tremendous likelihood the case will be settled without trial; 2) The settlement could occur any time from the moment the case is filed until the eve of trial. That vacuum of time provides many favorable and unfavorable opportunities to negotiate a resolution to a …

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