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 …
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, …
How much does arbitration cost? Beginning in the latter part of the 20th century, Americans sought relief from costly and time-consuming litigation, with Fortune 1000 companies leading the way. Civil litigation was a rich person’s game that even rich people didn’t want to play. In response, Fortune 1000 companies increased the use of alternative dispute …
Arbitration clauses have found their way into many contracts in recent years, and people will often be required to participate in binding arbitration proceedings when a dispute arises based on the contract. Finding a mandatory binding arbitration clause in an agreement can be surprising for some, but arbitration is a vital part of the alternative …
For those looking to begin a career in dispute resolution or hoping to become a professional mediator, the first step is often looking at the options to earn a mediator certification online. Mediation certification is not regulated by most states, so it can often be difficult to determine what mediation certification is the correct one …
Med-Arb is a long-standing and robust alternative dispute resolution practice that combines the mediation and arbitration processes. Med-Arb has become widely used in the last decade as an alternative dispute resolution process. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune 1,000 corporations had engaged …
Opening statements in mediation set the tone for the rest of the mediation process. A mediation opening statement opens the mediation and begins the conciliatory process. Both the mediator and parties have the opportunity to set the stage for what they hope to accomplish and how they see the issues at hand. Because they hold …
The first step to effectively solving a conflict is to understand the difference between a resolution and a solution. The conflict has a way of repeating itself over and over, especially if it is not addressed correctly and a firm decision has not been made. Addressing a conflict correctly includes identifying the key differences between …
Learning how to become a paralegal can be a rewarding career path for those who have an interest in law and legal proceedings. Paralegals play a crucial role in the legal system, assisting lawyers by conducting research, drafting documents, managing case files, and more. If you’re considering this profession, here is a step-by-step guide on …
If you want to become a paralegal, it’s important to understand the requirements and skills needed to succeed in this role. The legal industry is dynamic and ever-evolving, and paralegals play a pivotal role in its functioning. Paralegals are the backbone of the legal profession, providing crucial support to attorneys by performing research, drafting documents, …