Emancipation in California

Emancipation in California

How does Emancipation in California of Minor work? Let’s take a look. What is the emancipation of a minor? Emancipation of a minor (CA Fam Code section 7002) refers to the legal process of releasing a minor child from parental control, the legal way of making them a legal adult before they reach the “age …

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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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Positional Bargaining Explained

Positional Bargaining

Parties preparing for negotiation may need the term “positional bargaining” explained. It 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 it is true that this style of negotiation often results …

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What is an Amicable Divorce?

Amicable Divorce

What is an amicable divorce? When a divorce process is inevitable, a couple may begin to evaluate their options 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 must separate their lives. An amicable divorce process may seem …

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Odds of Winning Summary Judgment

Odds of winning summary judgment

The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …

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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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High Conflict Personality

High Conflict Personality

What is a high-conflict personality? If you have ever been in a conflict with a person who seems keener on continuing and escalating the conflict than resolving it, you may be dealing with one. High-conflict personalities are not the easiest to have conversations with, especially if you need to resolve the conflict.  However, high-conflict personalities …

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What is the Meaning of Impasse in Dispute Resolution?

impasse meaning

The word impasse has a particular meaning when it applies to alternative dispute resolution.  The Collins English Dictionary defines the impasse noun by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.”  While the meaning …

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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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Improve the Chances Your Mediation Will Be a Success

Improve the Chances Your Mediation Will Be a Success

The vast majority of legal disputes aren’t ended due to a trial. But, at some point, the parties reach a mutually agreeable compromise, and the dispute is resolved. Mediation is one way to help parties reach an agreement if they can’t do it themselves. Attorney Richard Shore, writing in Forbes, has these ideas to help increase …

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