When creating a contract, few people imagine that they will need to use the frustration of purpose to stop performing under the contract. However, no one can foresee how things will happen as the contract moves on, and events can render the contract useless to its purpose. Contracts are agreements between two or more parties …
The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …
Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process. This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs. The …
Workplace disputes and collective bargaining issues are often resolved by a specialized type of arbitrator called a labor arbitrator. While many arbitrators will cover a wide variety of subject matters and bring their own experience to their arbitrations, labor arbitrators often go through specialized training and bring specific experience to help resolve the intricate and …
A common question in insurance issues concerns what an insurance dispute is and if it fits their situation. Dealing with insurance can often be a pain, and when an insurance claim goes wrong, people may wonder how to recover from the denial or other agreement that does not match what the policyholder hoped for. Insurance …
Conflict resolution includes all of the following, except…? Conflict, whether between individuals, groups, governments, or some combination of these, comes in many forms. Conflict resolution includes multiple processes and methods in facilitating a peaceful ending. Every form of conflict is a purposeful effort to meet some need or gain some advantage, whether it is status, …
When arbitration is all said and done, there is always going to be a party who feels like they lost the arbitration. This party will often need to consider what happens when they lose and whether there is anything they can do to contest the award. Arbitration is often the end of the road because …
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 …
When people are seeking out alternative dispute resolution services in the United States, many will look straight to NAM: National Arbitration and Mediation. NAM has regularly been recognized as the leading alternative dispute resolution provider in the United States has provided exceptional service for almost 30 years. The services provided by NAM and the …
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 …