Emily Holland 
The right to create and hold a contract clause has been enumerated in the United States Constitution since the beginning. Contained in Article 1, Section 10, the clause known as the contract clause has become one of the constitutional provisions that seem minor but have had a more significant impact on the jurisprudence of the …
When a party to a case feels that the court should rule in their favor in an action, they can ask the court to dismiss the case through a dispositive motion. This will end the full case between the parties, or it may settle one of the claims between the parties. It is occasionally called …
The Federal Arbitration Act is the foundational law relating to enforcing arbitration agreements within the United States. Those practicing domestic or international commercial arbitration will likely be very familiar with its requirements for enforcement, yet many challenges arise under the Federal Arbitration Act, both in understanding and legal challenges. For some, the text is difficult …
What is mediation? Mediation is an alternative dispute resolution process that uses a trained, neutral third party to assist two conflicting parties into mutually acceptable solutions. Mediation has become a popular option for resolving disputes. It helps take the disputing parties outside of court proceedings and into a space to focus on finding a mutually …
It is essential to develop de-escalation strategies to help de-escalate a situation that may arise. No matter which profession you are a part of, you have likely come face-to-face with a customer’s complaint at some point. For many people, the first reaction when a person challenges their expertise or advice is to double down and …
Are you interested in becoming a mediator in Florida? Mediation is a popular alternative dispute resolution method gaining ground in the legal field. Mediators help parties involved in civil cases and conflicts reach a mutually acceptable agreement outside of the courtroom. Gaining your mediator certification is within your grasp. To become a Florida Supreme Court-certified …
Principled negotiation is an interest-based approach that focuses on conflict management and resolution over getting the best possible deal. It comes from the ideas of Roger Fisher, William Ury, and Bruce Patton, who spearheaded the push for conflict resolution outside of positional bargaining. Negotiators rely on the underlying interests of the parties involved to determine …
Arbitration clauses have found their way into many contracts in recent years, and people will often be required to participate in binding arbitration proceedings when a dispute arises based on the contract. Finding a mandatory binding arbitration clause in an agreement can be surprising for some, but arbitration is a vital part of the alternative …
For those looking to begin a career in dispute resolution or hoping to become a professional mediator, the first step is often looking at the options to earn a mediator certification online. Mediation certification is not regulated by most states, so it can often be difficult to determine what mediation certification is the correct one …
Communication coaching can help identify the area of growth necessary to instill newfound confidence in your voice and personal growth. For many people effective communication comes easily; however, some people may struggle to find the confidence or social skills to effectively communicate. While these people may feel lost and struggle to handle public speaking or …