What are the five methods of dispute resolution?

What are the five methods of dispute resolution?

Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process.  This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs.  The …

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Face Negotiation Theory in Action

Face Negotiation Theory

Let’s take a deeper look into a Face Negotiation Theory. Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe …

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Conflict Resolution Includes All of the Following Except…

Conflict Resolution Includes All of Following Except...

Conflict resolution includes all of the following, except…? Conflict, whether between individuals, groups, governments or some combination of these, comes in many forms. Conflict resolution includes multiple processes and methods in facilitating a peaceful ending. Every form of conflict is a purposeful effort to meet some need or gain some advantage, whether it is status, …

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The Role of Outside Counsel 

Outside Counsel 

Legal spending by corporations will almost certainly continue to tighten in 2022.  The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs.  These efforts have taken many forms. The key to many of the cost-cutting measures …

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Integrative Negotiation: Understanding and Implementing the 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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Anchoring in Negotiation

Anchoring in Negotiation

How much to pay to settle a dispute or purchase an item or settle a dispute is one of the most important decisions to be made before bargaining begins. A great many factors will influence the decision.  Someone considering settlement will take into account, among other things: The need to preserve a relationship with the …

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Positional Bargaining Explained

Positional Bargaining

Parties that are preparing for negotiation may need the term “positional bargaining” explained.  Positional bargaining is a type of negotiation strategy used to drive the bargain and attempt to secure the most possible value from a bargaining session.  Many people view positional bargaining as a harsh and poor form of negotiation.  While it is true …

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The 10 Best Negotiation Books of 2022

The 10 Best Negotiation Books of 2020

Looking for the best negotiation books? Most people want to get what they desire, which is where negotiating can come into play. There are countless books about negotiation skills out there, but which one is the best option? Learning to bargain is quite easy with the right tools. Whether it’s for business, your personal life, …

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What is a Contingent Contract?

What is a Contingent Contract?

Negotiating the terms of a contract can be difficult, and when the parties are not able to reach an agreement because of something that may happen in the future, they may decide to use a contingent contract to form an agreement.  A contingent contract may sound like an oxymoron, as the finality of contracts is …

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What is an Amicable Divorce?

Amicable Divorce

What is an amicable divorce? When a divorce is inevitable, a couple may begin to evaluate the options they have to resolve their divorce inexpensively and as cooperatively as possible. This question will especially crop up when the parties are on good terms with one another but need to separate their lives.  An amicable divorce may …

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