Out of Court Settlements: The Four Types

Out of Court Settlements

Out-of-court settlements are becoming a common goal in a variety of disputes.  Due to the amount of time and energy that is required to take a dispute through litigation, many businesses, and parties, in general, are turning to alternative dispute resolution to keep issues out of the courts.  But many people are unaware of the …

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What is Commercial Impracticability?

Implied Contracts

Commercial impracticability may be a term that is most commonly discussed in law school classrooms and cases revolving around a contract claim.  The term is not discussed frequently outside of the people that deal with it daily, but it can be an important term to know when faced with a contract that has been influenced …

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Counterclaims Examples Explained

Understanding Counterclaims Examples

Exploring counterclaim examples can be beneficial in helping a party understand what issues they can raise against someone who has brought a civil lawsuit against them and how they may try and recover against the same party.  It can also help a party understand when they may have to bring the counterclaim at that time, …

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Understanding & Resolving Situational Conflict

Situational Conflict

Situational conflict will affect everyone at some point in their life, and learning how to identify, deal with, and resolve conflict can be beneficial for everyone. This article will define conflict and situational conflict as thoroughly as possible given the wide range of definitions. Many of us try to avoid conflict at all costs, including changing …

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Mediation Opening Statement: A Full Checklist

A Checklist for Mediation Opening Statements

Opening statements in mediation set the tone for the rest of the process. They open the mediation and begin the conciliatory process. The mediator and parties can set the stage for what they hope to accomplish and how they see the issues. Preparing can feel overwhelming because opening statements hold so much power for everyone involved. Having …

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A Notice of Arbitration: What You Should Know

Arbitration Notice

The first step in arbitration is generally serving the parties (and filing with the arbitration provider) a Notice of Arbitration. However, depending on the provisions of the contractual arbitration clause, the applicable arbitration rules, or legal authority, another document, such as a Notice of Appointment of Arbitrator(s), may begin the arbitration proceedings. But what must …

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Binding Mediation: An Affordable ADR Option

Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently. It is often called mediation arbitration or med-arb. In this process, the parties agree to submit the dispute to mediation. Still, if an agreement cannot be reached, the mediator becomes an arbitrator, issues a decision on damages, and binds the …

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Demand for Arbitration: What You Should Know

Demand for Arbitration

When a party wants to begin the arbitration process, they usually create and send a demand for arbitration. A demand for arbitration will start the process as the parties have agreed upon. Those on the receiving end may or may not understand what the process means, but they will quickly be immersed in the world of …

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What is Interest-Based Negotiation?

Interest-Based Negotiation

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 …

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What is Conflict Coaching? A Detailed Guide

Conflict Coaching

When an individual is facing a conflict and struggling to deal with it, conflict coaching may be an excellent opportunity to learn about conflict resolution and master skills to make resolving the conflict a more ascertainable goal. Conflict coaching is a one-on-one experience where a professional works with an individual to help them manage and …

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