Conciliation Process: A Step-by-Step Guide (Part I of II)

Process of Conciliation

Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution.  Conciliation is a method of dispute resolution that …

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New York Convention Arbitration

New York Convention Arbitration

The New York Arbitration Convention is the leading piece of international law governing the enforcement of arbitral awards internationally.  Every arbitration award that has been granted from one foreign state to another has likely interacted with the New York Convention in some way.  Formally called the Convention on the Recognition and Enforcement of Foreign Arbitral …

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What is the Role of the Court of Arbitration for Sport?

Court of Arbitration for Sport

The Court of Arbitration for Sport is also known as the Supreme Court for sport.  Known for anti-doping cases and the official court of disputes related to the Olympic games, the Court is a newer concept set up to handle disputes that are related to sports around the world.  Most countries around the world have …

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Consumer Disputes After Resolution: How Long does it Take for a Dispute to be Removed?

Consumer Disputes After Resolution

After disputing a charge on your credit, you may still be trapped facing a consumer dispute after the resolution process.  This means that even though you have successfully disputed a charge on your credit, there may be an issue with the way it is reported on a credit report.  This type of reporting can affect …

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ODR: Online Dispute Resolution Explained

ODR: Online Dispute Resolution

Online dispute resolution can be a useful tool when facing a dispute where it is difficult or impossible to get the parties together to participate in dispute resolution. Online dispute resolution takes a variety of dispute resolution mechanisms and uses technology to help achieve a resolution online.  It primarily focuses on negotiation, mediation, and arbitration, …

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Class Action Arbitration: The Legality and Related Waiver Clauses

Class Action Arbitration

One of the most bitterly contested issues in arbitration law over the last twenty years is the legality of class action arbitration and waivers thereof.  Professor Elizabeth Tippett calls it the $100 million dollar question for Uber, referring to that company’s high-stakes employee misclassification litigation under wage and hour laws. Of course, Uber isn’t the …

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What are Impasse Solutions in Negotiation?

What are impasse solutions in negotiation?

What are impasse solutions in negotiation? We negotiate our way through life.  Every day, we enter into a series of agreements and exchanges to meet our needs.  “Negotiation” is simply a communication process between people who are trying to meet their needs and goals regarding something and need their negotiating counterparts’ cooperation to do so.  …

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Pretrial and Post Trial Motions

Pretrial and Post Trial Motions

If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case.  Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …

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What is a Boilerplate Contract?

What is a Boilerplate Contract

Whether or not to use boilerplate language in a contract is a question that is often considered in contract negotiation.  However, it can be difficult to determine what the best boilerplate language is to include.  There will also be situations where one of the parties is unaware of what boilerplate language is and how it …

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International NDA: All You Need to Know

international NDA

In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA.  This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them.  When this is the case, the parties may …

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