Face Negotiation Theory in Action

Face Negotiation Theory

Let’s take a deeper look into a Face Negotiation Theory. Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe …

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The Role of Outside Counsel 

Outside Counsel 

Legal spending by corporations will almost certainly continue to tighten in 2022.  The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs.  These efforts have taken many forms. The key to many of the cost-cutting measures …

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What Does it Mean to Litigate a Dispute?

litigate a dispute

As practitioners of alternative dispute resolution, we compare our methods to litigation, often without pausing to describe what it means to litigate a dispute.  Litigation is often the alternative to dispute resolution because it is the default forum to resolve a dispute in the United States and many places around the world.  It is what …

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What is the Meaning of Impasse in Dispute Resolution?

impasse meaning

The word impasse has a particular meaning when it applies to alternative dispute resolution.  The Collins English Dictionary defines the noun impasse by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.”  While the meaning …

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Collaborative Law vs Mediation

Collaborative Law vs Mediation

Collaborative Law vs Mediation: what should you pick? Amy and Bob Cromwell married ten years ago and have three children.  The spark between them died years ago.  They work together in the family business, Cromwell’s Crackers. After some painful conversations, they have decided to divorce. The Cromwells do not want lengthy and contentious litigation that …

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Same Sex Custody Cases

Same Sex Custody Cases

While the rights of gay and lesbian couples to marry were expanded by the Supreme Court in 2015, there are still many issues when it comes to same-sex custody cases.  Cases, where the parents of a child are of the same gender, can have a variety of unique issues that the Courts will have to …

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Understanding and Preparing for Separation Mediation

Separation Mediation

When parties are considering using mediation to help them separate effectively, they may wonder how to prepare for separation mediation effectively.  For some, they may not even know what mediation entail, and they will have no idea how mediation will work for them.  Mediation is a commonly used practice, especially in family law matters, yet …

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Mistakes that Can Affect Your Child Custody Case

Mistakes that Can Affect Your Child Custody Case

For couples that are going through a divorce, one of the most challenging aspects of the process is agreeing on the custody arrangement for the kids. Often, custody determinations are based on the best interest of the children. A child custody case can often involve strong convictions and emotions, so the guidance and expertise of …

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Child Support Mediator

Child Support Mediator

A child support mediator can help parents agree on what is often one of the most highly contested issues in a divorce.  Every party in a divorce will have an idea of who should be paying child support and how much they should be paying, so it can be difficult to find a common ground …

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Jewish Mediation: Historical Insights

Jewish Mediation

Jewish mediation has a long tradition within the religion.  The tradition values peace and law together and sees the value of treating disputes with care and consideration for the other party.  Judaism sees the value that compromise may add to a dispute, but also understands that there are certain limitations on mediations. Because of this, …

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