Common Loopholes in Contracts: One Party Bypassing a Contract

You’ve likely heard the phrase “there’s always a loophole” when people are discussing a contract, and many times it is true. If a party has a savvy attorney or understands the business of creating and signing contracts, they will often try to include a clause to excuse themselves from performing a term in the contract. …

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Contract Negotiation Courses: Learning Procurement Negotiation

Smart business practices include ensuring that anyone negotiating contracts can attend contract negotiation training or contract negotiation courses. Contract negotiation and procurement is a difficult task and can often feel overwhelming, especially when you are thrown into the midst of negotiation without training or support from contract management. This type of training helps ensure that …

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Understanding Mediator Education Requirements

Mediator education requirements

What are mediator education requirements? As mediation has been recognized as one of the premier alternative dispute resolution tools, many more people have considered pursuing a career in mediation. However, it can take time to decipher what kind of mediation training and dispute resolution practice a person may need to become a mediator. Additionally, each …

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BATNA & WATNA: Finding and Using Negotiation Power

BATNA & WATNA

What is the power of finding and using a BATNA & WATNA? The goal of an alternative dispute resolution (ADR) process is to come to a resolution together so that the parties can both agree on and avoid the eventual litigation that could arise in the dispute. However, not every mediation or negotiation ends in a …

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Using Negotiation Classes to Build Skills: Negotiation Mastery

Negotiation classes are a fantastic way to craft an agile strategy and achieve negotiation mastery, regardless of where in the alternative dispute resolution field one lies, if at all. Negotiation can help anyone avoid costly conflicts and succeed in their business and daily life, yet many people need training in negotiation dynamics and skills. Taking …

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Conflict Mediation Scenarios: Identifying & Solving Problems

Mediation is quickly becoming a way to resolve disputes within the workplace and other settings.  Looking at the different kinds of mediation scenarios that play out in mediation allows us to understand how helpful mediation can be.  Although conflict is a fact of life, mediation helps make it a manageable and productive part of life.  …

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When a Power Imbalance Exists: Identifying a Power of Imbalance

Identifying a Power Imbalance

One of the most noticeable issues that could arise in a negotiation or mediation is an imbalance of power. Often one of the hardest issues to overcome if the neutral or the parties are not prepared, and still difficult when the neutral is prepared, an imbalance can easily throw an otherwise successful dispute resolution process.

Arbitration vs. Litigation: What Is The Difference?

Choosing whether to pursue arbitration vs. litigation hinges on several factors that parties should carefully consider as they decide on how to resolve their dispute(s). Once a dispute reaches the point where it is clear that the parties cannot reach an agreement and need a third party to decide the dispute, it will likely end …

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Conciliation vs. Mediation: What’s the Difference?

If you’re considering alternative dispute resolution for a conflict you’re involved in, you may be wondering what the difference is between conciliation and mediation. Both the conciliation and mediation processes can help parties come to an agreement without going to court, but there are some key distinctions between the two. This post will define each, …

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Why is Negotiation Important? The Importance and Prevalence of Negotiation Explained

Why is negotiation important?

Negotiation finds its way into many daily interactions, from buying a used car and our personal life settling a legal dispute and brokering a global business world. Negotiation skills are vital to any agreement between two or more parties involved. Yet, few people have strong negotiation skills or receive training before engaging in the practice. …

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