Mediation vs. Litigation: What is the Difference

mediation vs litigation

When facing a legal dispute, one consideration that has to be made is whether to choose mediation vs litigation to settle it. Alternative dispute resolution such as mediation is less costly but there are many reasons to choose the litigation process. Comparing the two processes will often result in a lot of differences, and the …

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What Are the Four Legal Reasons for Impeachment?

What Are the Four Legal Reasons for Impeachment

There are four legal reasons for impeachment. Impeachment is the political process by which a legislative body levels charges against a government official. It is a formal process that begins with an accusation, or impeachment, against the official and can ultimately lead to their removal from office if found guilty. In the United States, the …

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EEOC Mediation: Understanding the Process

EEOC Mediation

The EEOC mediation process has helped settle many employment discrimination claims. The EEOC is responsible for investigating and enforcing federal employment discrimination laws, and these investigations or dispute resolutions are called claims.  During this investigation process, the parties can agree to participate in mediation to help resolve the claim quickly. The term “mediation” refers to a …

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The Implications of the Contract Clause: Protecting the Right to Private Contracts

Contract Clause

The right to create and hold a contract clause has been enumerated in the United States Constitution since the beginning. Contained in Article 1, Section 10, the clause known as the contract clause has become one of the constitutional provisions that seem minor but have had a more significant impact on the jurisprudence of the …

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Responding to the Types of Workplace Conflict

Types of Workplace conflict

The types of workplace conflict are universal, but the conflict resolution steps vary.  When conflicts arise, these workplace conflicts can result in decreased productivity and interfere with the culture of the team, the general work environment, or the company as a whole. Conflict in the workplace needs to be addressed quickly and efficiently to ensure …

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Understanding the Federal Arbitration Act: United States Code Title 9

Federal Arbitration Act

The Federal Arbitration Act is the foundational law relating to enforcing arbitration agreements within the United States. Those practicing domestic or international commercial arbitration will likely be very familiar with its requirements for enforcement, yet many challenges arise under the Federal Arbitration Act, both in understanding and legal challenges. For some, the text is difficult …

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Meaning of Confrontational in Dispute Resolution

Confrontational meaning

When learning about conflict and dispute resolution, it can be difficult to understand the definition of “confrontational.”  Everyone will have their own idea of what confrontation is and its uses. Some negative, and some positive. Defining the term “confrontational” can be difficult but thinking about the basic characteristics that are present in a confrontational interaction …

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Defining Partiality: Recognize it When You See it

Defining Partiality

How can we truly go about defining partiality? Partiality is the unfair bias that we display for ourselves and other people with whom we stand in some personal relationships. It still remains a central theme in philosophy, as well as in practice, particularly the legal practice. Within the alternative dispute resolution sphere, the word partiality, …

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