Mediation and arbitration are found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside the traditional litigation process. However, the procedures are very different. Each system presents its benefits and challenges, and neither system is truly superior to the other. Understanding how and when to use each process is vital …
When parties have difficulty discussing the issues with the other party in the room, the mediator may decide to move to caucus mediation. Caucuses can be a powerful tool in mediation, but some downsides need to be considered when considering a caucus. The mediator’s style will also impact when caucuses are used. Some mediators begin mediation …
Attorneys participating in a deposition with their client will often encounter an object to the form. They can either be the person using the objection or the person explaining the question, but the objection is likely to find its way into the deposition, as there will likely be at least one question asked that an …
When facing a legal dispute, one consideration that has to be made is whether to choose mediation vs litigation to settle it. Alternative dispute resolution such as mediation is less costly but there are many reasons to choose the litigation process. Comparing the two processes will often result in a lot of differences, and the …
The EEOC mediation process has helped settle many employment discrimination claims. The EEOC is responsible for investigating and enforcing federal employment discrimination laws, and these investigations or dispute resolutions are called claims. During this investigation process, the parties can agree to participate in mediation to help resolve the claim quickly. The term “mediation” refers to a …
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 …
Understanding the types of mediation is a vital skill when preparing for and participating in mediation. Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them. It is also …
The Texas Arbitration Act is the governing law over arbitrations occurring in Texas. The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state. While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …
Deciding to divorce can be difficult, and there are often signs that the wife may be changing their mind about the divorce. This can confuse the parties as they attempt to navigate separation, custody, and dividing their lives because it can cause the couple to question whether the divorce is the best thing for their …
The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …