When does anchoring negotiation appear? How much to pay to settle a dispute or anchor price to purchase an item or settle a dispute is one of the most important decisions to be made before the negotiation process begins. A great many factors will influence the decision. Someone considering settlement will take into account, among …
What is an amicable divorce? When a divorce process is inevitable, a couple may begin to evaluate their options to resolve their divorce inexpensively and as cooperatively as possible. This question will especially crop up when the parties are on good terms with one another but must separate their lives. An amicable divorce process may seem …
What is arbitration? As arbitration has grown in popularity and success, many businesses, individuals, and countries have begun to use the alternative dispute resolution process to resolve their contract and commercial disputes. International arbitration has also grown as a tool to bridge the legal systems of multiple countries. Arbitration can be a helpful tool to …
Similar in some ways to a judgment from a court, an arbitration award decides how the dispute will be resolved. See how it differs from a litigation judgment.
What is ADR? Alternative dispute resolution (ADR) is a blanket term used to speak to a series of defined processes that conflicting parties can use as an alternative to traditional litigation. The principle is comprised of two traditional methods for settling disputes that opposing parties may opt for when an agreement is being a mutually acceptable …
Our divorce mediation checklist will help you go through the divorce mediation checklist and negotiation process. When it’s time to divorce, there may be an urge to try and put the marriage entirely behind you. However, your life will probably be entangled with your spouse’s for a long time, especially if the marriage was long …
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 …
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.
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 …
The word impasse has a particular meaning when it applies to alternative dispute resolution. The Collins English Dictionary defines the impasse noun by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.” While the meaning …