Alternative dispute resolution has a great many advantages over civil litigation. Even the courts have realized this, and institutionalized some forms of ADR as part of the litigation process. Beginning in the last half of the twentieth century, businesses of all types and sizes, as well as individuals, became aware of the advantages of ADR. …
Family conflict and stress are often a part of life for most of us. Many people have a person in the family that everyone is slightly uncomfortable around. Other families will cut off relationships and refuse to gather for decades because of old feuds that were never resolved. With the current political and social atmosphere, …
Personal injury mediation is a thriving practice in many parts of the country. Mediation takes personal injury cases out of the court systems and allows the parties to come together to discuss a possible way forward. Mediation is popular in personal injury cases because it allows the parties to have control over the outcome of …
When people are in conflict, they can choose either conflict resolution or conflict management. While some people see the two options as the same, they are actually different processes that can shape the way conflict is dealt with and if it is resolved. The two processes have different objectives and will often achieve different outcomes …
Mediation is a common and growing alternative to litigation in the business community and in the courts. Users choose it for a variety of reasons: it’s confidential, non-binding, less time consuming than litigation, less costly, provides parties with greater control over their own destiny, and greater process satisfaction. Nearly half of survey respondents cited confidentiality …
When one party leaves a negotiation in a worse place than when they started and the other leaves in a better, this is called a win-lose situation. Win-lose situations, along with lose-lose situations and win-win situations, are an idea made popular by the game theory of negotiation. Game theory refers to how a two-party, adversarial …
By Jeff Benz, Esq., MBA Surveys and studies demonstrate that the overwhelming costs of commercial arbitrations are not arbitrator fees or fees charged by arbitration providers, but the costs incurred by the parties to present their cases. Generally between 75% and 80% of the total expenses of an arbitration are attributable to the parties’ own …
Sometimes parties to a negotiation are unable to effectively pursue one-on-one bargaining with their counterparts. Negotiations include or are conducted by non-parties. These are referred to as third-party negotiations. Types of third parties in negotiations There are five types of third-party negotiators, with different roles and different processes. * Intravenor – A third party with …
By Cassandra Franklin A Look at the Past Mediation and other forms of alternative dispute resolution (ADR) have existed in other cultures for a very long time, in some serving as the principal means of resolving disputes. However, in the early United States, common law courts were the primary means of resolving disputes. As the …
Looking at employment arbitration statistics, it is easy to see a surge of workplaces implementing arbitration to resolve employment disputes within the company. Finding the best option for resolution on a given dispute is an art, and employment disputes are no different. The process of arbitration can be beneficial for companies looking to resolve employment …