Confusing Dispute Resolution Jargon

Confusing Dispute Resolution Jargon

In response to my question, “Do you use “BATNA” wrong?,” I plead guilty with an explanation. With the patient teaching of my friends, Hiro Aragaki and Sanda Kaufman, I have come to see the error of my ways. I was concerned because BATNA – the Best Alternative to a Negotiated Agreement – has become part of the vernacular, …

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Defining Partiality

Defining Partiality

How to define partiality? Within the alternative dispute resolution sphere, the word partiality, or more commonly impartiality, is used often, but for some new to the field, it can be difficult to define.  I t often feels like a type of action that would normally be easily identifiable, but in the world of alternative dispute …

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The Courtroom vs. The Boxing Ring

The Courtroom vs. The Boxing Ring

Two key points: First, to be successful, a boxer must first become desensitized to the effects of inflicting injury on others. Secondly, the boxer must accept personal risk with every fight. As a litigation attorney and a writer, the boxing world is full of parallels to my profession. Many key psychological aspects of boxing are very similar to that of litigation.

The Mixed-Motive Exchange

Mixed Motive Exchange

We humans are social, but also individual. We often need help to succeed or excel. For example, early man was a poor match for a mastodon or prehistoric bison. He could hunt or gather smaller, less nutritious food alone. But he needed to hunt in a group if he were to take such dangerous high …

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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 ideas of what confrontation is and its uses, particularly dependent on their own conflict style and how it responds to confrontation.  Some people will argue that a confrontation is a valuable tool in a …

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Can You Back Out of a Settlement Agreement? Legal Advice

Can You Back Out of a Settlement Agreement? Legal Advice

Can you back out of a settlement agreement if you have changed your mind?  Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you.  The gulf between initial expectations and final settlement can be …

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AAA Construction Rules

AAA Construction Rules

When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association.  It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …

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What is the Purpose of the Bilateral Investment Treaty?

It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties.  Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …

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Objecting to Form

Objecting to Form

Attorneys participating in a deposition with their client will often encounter an objection to the form.  They can either be the person using the objection or the person explaining the question, but the objection is likely to find its way into the deposition, as there will likely be at least one question asked that an …

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Avoiding Construction Liens

Avoiding Construction Liens

The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …

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