Understanding the Business Litigation Process

business litigation

Business litigation involves presenting issues with business and corporate entities to the courts and arguing for business entities in court. Various topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time to complete. Understanding business …

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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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Implied Contract: Everything You Need to Know

Implied Contracts

An implied contract is typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Such contracts are actions or behaviors on the part of the parties that demonstrate a mutual agreement between the parties, even if it is not spoken.  These contracts are compared …

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How Long Does Arbitration Take? A Closer Look

How long does arbitration take

Because arbitration, including car accident arbitration, is often touted as a cheaper and quicker resolution compared to litigation, curious minds may wonder how long arbitration takes. While many proponents of arbitration state that it often moves more quickly than litigation, critics state that it can be just as long as traditional litigation in the court …

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Mediation in a Personal Injury Settlement

Mediation in a Personal Injury Settlement

This article provides an overview of mediation in personal injury settlement and the pros and cons of using mediation to resolve a personal injury dispute.  We will examine the usefulness of the process and consider the benefits that make it a valuable option to settle a personal injury case. The process can often feel overwhelming …

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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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Court Ordered Mediation: What You Should Know

Court ordered mediation - All you need to know

Learning all you need to know about a court-ordered mediation can feel daunting.  When a court orders the parties in a family law case to mediation, there are often many questions about the process and whether the parties will be punished for failing to settle.  Family law frequently involves high emotions, and mediation can feel …

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Average Settlement Offers During Mediation

Average settlement offers during mediation

Average settlement offers during mediation are essential when a party considers using mediation to settle a lawsuit. Combining this knowledge with other tips and tricks for settling a lawsuit through mediation can ensure that a party is prepared to tackle a mediation during a civil lawsuit and achieve the best possible outcome. Having a researched …

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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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