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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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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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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Privacy vs Confidentiality: What is the Difference?

Privacy vs Confidentiality

Privacy and confidentiality are words that are used often and interchangeably in the legal and dispute resolution world, yet there are key differences between the terms that are important to understand.  Just what these differences are and how they affect information is a concept that is sometimes overlooked when engaging in a legal dispute.  Many …

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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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How to Find the Best Mediation Jobs Opportunities?

Mediation Jobs

Well, your classes are complete. You are a fully qualified mediator. Can you make a good living mediating?  Where can you even find a job as a mediator? What training do I need to be a mediator? Technically, you don’t need any training to be a mediator. If you have helped friends, family or even …

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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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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.

Mall Smoothie Does Not Bind Teenager To Mom’s Arbitration Agreement With Credit Card

With respect to whether the daughter was bound by the plain language of the arbitration agreement, the Court had no trouble concluding she was not.   The arbitration agreement specifically applied to claims made by authorized users of the account.  

You can make a Stone Soup at ABA Conference

This project is designed to engage younger people in our field and the Section.  If you see them at the conference, please introduce yourself and make them feel welcome.  You will be able to recognize them as they will have special ribbons on their nametags

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