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 common definition of facilitator is someone who helps a person or groups through an action or process. For the purpose of dispute resolution, a facilitator usually leads the discussions and helps move the dispute resolution process forward for all the participants involved. Finding an effective facilitator can resolve a dispute with the best possible …
AAA Employment arbitration rules and mediation have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty percent of American workers are covered by such “mandatory” clauses. …
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 …
When learning about conflict and dispute resolution, it can be difficult to understand the definition of “confrontational.” Everyone will have their own idea of what confrontation is and its uses. Some negative, and some positive. Defining the term “confrontational” can be difficult but thinking about the basic characteristics that are present in a confrontational interaction …
How can we truly go about defining partiality? Partiality is the unfair bias that we display for ourselves and other people with whom we stand in some personal relationships. It still remains a central theme in philosophy, as well as in practice, particularly the legal practice. Within the alternative dispute resolution sphere, the word partiality, …
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 …
A parenting plan is an a critical part of co-parenting that lays out how parents will raise their child or children. Parenting is a journey that requires careful planning, understanding, and cooperation, especially when parents are separated or divorced. But what exactly is a parenting plan, and why is it needed? This post will explain what …
For those of us seeking healthy and fulfilling relationships, there are a few basic relationship rules that we should know and practice. Navigating the complex world of relationships can often be a challenging. But with the help of these certain universal rules, we can build and maintain deeply meaningful and lasting relationships. In this blog …