What is a Trial by Declaration?

What is a Trial by Declaration?

Today was not starting well. A few minutes late for an early morning meeting, you drive a little faster than usual through a winding bit of road. Out of nowhere, a police motorcycle appears behind you and signaled to you to over.  Mystified, you comply. “Did you know you were speeding?” asks the officer, her …

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Personal Injury Case Checklist

Personal Injury Case Checklist

What is a personal injury case? A personal injury claim does not require physical injuries. Personal injury refers to a defendant’s failure to exercise care in a way that results in injury to another person or their property.  Have you been involved in an accident? Follow the personal injury checklists below. They will help you …

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Consumer Arbitration

Consumer Arbitration

For many consumers in the United States, buying a product or service that does not work out could result in a person wondering how consumer arbitration works.  For many years, courts have upheld forcing disputes into arbitration when a consumer contract, which a consumer often signs and accepts simply by purchasing an item, designates that …

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A New Model of Intra-Corporate Conflict Resolution

Corporate Conflict Resolution

By William A. Ratliff Executive turnover is costly.  Signing bonuses, search fees, severance packages, and much more bring estimates of the turnover cost of a “C-suite” employee to $1.5 million. Consulting firms estimate the cost at 1.5 to 3 times annual salary, or more. Yet executives don’t always mesh well.  Personality clashes, disagreements on corporate …

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Divorce Without Court Explained

Divorce Without Court

Navigating a divorce can be intimidating, especially if the couple is hoping to get divorced without court.  When you remove the oversight of a court case from a divorce, it can feel overwhelming to determine how and when things will be completed.  Some many considerations and decisions need to be made by two people that …

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Mediating Wrongful Death Cases

mediating-wrongful-death-cases

The necessity for mediating wrongful death cases comes when we least expect. A late-night phone call jerks you awake.  Who could it be at this hour?  Filled with a nameless dread, you answer.  Good news could have waited until morning.  As the caller speaks, you have a sense that everything normal has been ripped away.  …

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How Does Divorce Mediation Work?

What Can I Expect at a Divorce Mediation?

If you are getting divorced, you probably have a lot of questions about the process and the available options for divorce, including, “Dow does divorce mediation work?”  Divorce mediation is one of the many alternatives available to people who are getting divorced that helps keep the arguments and divorce out of the court system.  It …

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Decreasing the Risk of Legal Malpractice Claims

Reduce Legal Malpractice Claims

By Mai Nguyen The American Bar Association (ABA) conducts extensive survey on legal malpractice claims every four years. The survey concludes that every practicing lawyer is potentially at risk for legal malpractice. It was once believed that solo practitioners were at the highest risk, however, research has found that lawyers at small, medium, and large …

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What Should Appellate Mediation Look Like?

Appellate Mediation

I. Introduction For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute …

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Stipulated Judgment vs Settlement Agreement

Stipulated Judgment vs Settlement Agreement

After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement.  On the surface, the two options look very similar.  Both include the …

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