Can you back out of a settlement agreement if you have changed your mind? Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you. The gulf between initial expectations and final settlement can be …
Conflict resolution models are a helpful tool when the inevitable conflict in a relationship shows up. Conflict is a part of everyday life, and there are a variety of ways that people deal with conflict. Each strategy for resolving conflict will have strengths and weaknesses, and no one model will perfectly resolve every conflict. Evaluating …
When a dispute arises during a construction project, the parties may use the AAA Construction Rules, which cover arbitration and mediation procedures for construction disputes governed by the American Arbitration Association. It allows the parties to a dispute to attempt to resolve their disagreement without going through a trial and litigating the dispute in front …
Requiring parties to participate in mediation before a lawsuit is becoming more common, but it has many parties questioning if mediation is mandatory and what the implication of making it mandatory is doing to the mediation process. Mediation was created as an alternative process to litigation to help the parties attempt to resolve their disputes …
In the modern world, many people choose to communicate through text messages, which can be an easy way to keep in touch with friends in family. However, this form of communication may raise questions about whether it is legal to screenshot text messages and when these screenshots can be shared. There are differing laws between …
It is unlikely that one can make it through a discussion about international investment without considering the impact of bilateral investment treaties. Bilateral investment treaties, or BITs, offer a higher level of protection, and options for dispute resolution, than investments without such treaties. Yet a person investing in their own country without much, or any, …
As disputes arise and parties are beginning to consider some form of legal action or resolution process, the parties will likely be considering legal representation. There are a variety of factors that will go into a party’s decision on whether or not to hire a lawyer, and there are benefits and drawbacks to hiring a …
The excitement and joy of building a new home can quickly be overshadowed by a construction lien, or as it is more commonly known, a mechanic’s lien. Construction liens exist because it guarantees that a contractor will be paid for the work and materials that they put into a home or building. It allows a …
Most people have watched a witness stand, raise their right hand, and state the oath in the courtroom before giving their testimony, either in person or by watching a show about the court. A lot of people could probably recite the oath from memory as well. Yet many people may not understand the purpose of …
Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process. This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs. The …