At what point does an informal agreement become a binding contract? We encounter dozens of contracts and agreements daily, but it can be difficult to understand what makes an agreement legally enforceable. You may wonder the difference between your verbal agreement to meet a friend for dinner and the contract you signed when you bought …
When parties are considering using mediation to help them separate effectively, they may wonder how to prepare for separation mediation effectively. For some, they may not even know what mediation entails, and they will have no idea how mediation will work for them. Mediation is a commonly used practice, especially in family law matters, yet …
The selective perception theory is that we will ignore stimuli that do not align with our existing beliefs or attitudes to focus on the ones that do. Selective perception is not inherently a bad practice, but over-reliance on it can lead to cognitive dissonance and a warped understanding of reality. When we are in situations …
Disparate treatment discrimination in the workplace is a critical issue that affects many employees and employers across various industries. This discrimination occurs when an individual is treated differently based on certain protected characteristics, such as race, gender, sexual orientation, age, religion, national origin, or disability. Unlike disparate impact discrimination, which deals with policies that apply …
Understanding the aftermath of the mediation process, mediation results, and how long after mediation you can go to court is a vital step in deciding the ADR route. By now, you have likely encountered the mediation process somehow, either by personal experience or its recent rise in alternative dispute resolution circles. Mediation allows the parties …
Mediation can be an excellent tool for resolving disputes, but unless you have personally participated in mediation or know someone who has, you may not know much about the process. This can cause many people to avoid the process or not even recognize the option. This article will outline what mediation is, how it is …
The idea that conflict will have either constructive or destructive results is the main thesis behind Morton Deutch’s The Resolution of Conflict. Deutch’s 1973 work paved the way for much further sociological and psychological research on the effects of conflict and how it can influence our lives. Understanding this model can be key to working with …
One of the best ways to learn about a topic is through examples; ineffective communication is no different. Unfortunately, many people struggle to identify ineffective communication because the examples they have been given are either too obvious, unhelpful, or so specific to a situation that they are not replicable in the real world. Because of …
When the parties use interest-based negotiation, they often reach an agreement that all of them are content with walking away from the table. This is because they focus on identifying interests and creating value for each other as they negotiate. This article will outline the technique of conflict resolution, how it is used, and why …
While it is not a new concept, integrative negotiation is a tool that may feel new to some negotiators. When negotiations are starting to fall apart, and the parties seem to be making little progress toward an agreement, taking an integrative approach to negotiation may help the parties find common ground or a place where …