Commercial Dispute Resolution: A Guide

Commercial Dispute Resolution

Commercial dispute resolution is a highly skilled and nuanced method to resolve disputes within and between businesses.  It can be beneficial for companies that want to settle disputes quickly and effectively without going through litigation and dealing with all the associated costs.  It also allows companies to continue to retain their relationships with other businesses …

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Claims and Counterclaims Examples

Understanding Counterclaims Examples

Exploring examples of counterclaims 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 …

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How Long After Mediation Can You Go To Court

How Long After Mediation Can You Go To Court

Understanding the aftermath of the mediation process, mediation results, and how long after mediation you can go to court is a vital step in deciding the ADR route. By now, you have likely encountered the mediation process somehow, either by personal experience or its recent rise in alternative dispute resolution circles. Mediation allows the parties …

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Power Imbalance: How Factoring in Power Works

Imbalance of Power

The factors that contribute to power imbalance are often complex and difficult to notice daily, but over time, they contribute to an unhealthy dynamic if they are not addressed.  Imbalances of power can be found in every relationship, from our most vulnerable and trusted relationships with partners and best friends to workplaces or even in …

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What is a Contingent Contract? The Pros & Cons

What is a Contingent Contract?

A contingent contract may sound like an oxymoron, as the finality of contracts is often emphasized. Still, the flexibility of negotiating contingent agreements can help keep a contract intact, even if the parties’ position changes. Negotiating the terms of a contract can be difficult, and when the parties cannot reach an agreement because of something …

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Complex vs Complicated: Understanding the Differences

Complex vs Complicated

Facing a “complex vs complicated” situation involves untangling threads of chaos, like predicting weather patterns, whereas solving a ‘complicated’ problem is akin to disassembling and reassembling a complex mechanism with patience and skill.  This precision in language matters: each requires a distinct approach to navigate successfully. This article differentiates between ‘complex’ and ‘complicated’ scenarios and …

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How Do Lawyers Negotiate Settlements: A Guide

How Do Lawyers Negotiate Settlements

You may be wondering what goes into the settlement process and just how lawyers negotiate settlements. When you are harmed by someone else’s negligence, like in a car accident, you may decide to seek compensation through a personal injury claim. While the litigation process can bring just compensation and help you resolve an insurance claim, …

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What is a Special Master? Exploring the Role

What is a special master

What is a Special Master? Special Masters have made their way into common discourse with the rise of appointments in cases covered nationally. In fact, the most common known example of a special master comes from the recent trial of Donald J. Trump. Trump’s legal team requested to appoint a special master to review the …

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Object to the Form

Objecting to Form

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 …

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