The Difference Between Conflicts and Disputes

The Difference Between Conflicts and Disputes

Most people probably do not recognize a distinct difference between the terms “conflict” and “dispute.” However, many conflict scholars do draw a distinction between the two terms. As is unfortunately common in this field, different scholars define the terms in different ways, leading to confusion.

Mediation Confidentiality and Privilege: The Twin Supports of Resolution (Part 2 of 2)

The companion provision to mediation confidentiality is the mediation privilege, which makes evidence of mediation communications inadmissible in future legal proceedings. As with the confidentiality provisions discussed above, local laws are a crazy quilt, with only about half the states having adopted the UMA or similar provisions. The federal courts are even more inconsistent.

The Art of War in the Kingdom of Probate (Part 2 of 2)

Of the contested matters pending in the probate courts in California, perhaps one in a hundred will be decided through a trial. The rest will be decided through alternative dispute resolution (ADR) processes. As reflected by these figures, going to trial has become the alternative, and ADR, with its many facets, has become the norm.

Mediation Confidentiality and Privilege: The Twin Supports of Resolution (Part 1 of 2)

Mediation is negotiation with the assistance of a neutral third party. It is a process, and like other processes has stages. Those stages are different depending on which role you play. But either way, each stage requires your active participation if you are to succeed. In this article we detail the 5 stages of mediation for mediators and disputants.

The Art of War in the Kingdom of Probate (Part 1 of 2)

Of the contested matters pending in the probate courts in California, perhaps one in a hundred will be decided through a trial. The rest will be decided through alternative dispute resolution (ADR) processes. As reflected by these figures, going to trial has become the alternative, and ADR, with its many facets, has become the norm.

The Dispute Resolution Continuum

People talk about alternative dispute resolution (ADR) as if it’s one process. But it isn’t. It is a continuum of processes that vary by relative control over the outcome, length, expense and confidentiality. This article will help you understand the variety of processes available, and select the one that will efficiently settle your company’s or client’s dispute.

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