FRCP 26 are the general provisions governing discovery, which is the process by which parties exchange the information evidence that they intend to present in support of their case. The Federal Rules of Civil Procedure (FRCP) are the governing rules for civil cases brought within the federal courts. This means that when preparing and litigating …
You have your certificate, now you’ve started your search for mediation jobs. Where do you start this process? This article will help you understand a mediator’s role and responsibilities, prepare you for the work environment and equal opportunity employer, and give you some tools to make your job search easy and successful. What Training Do …
Being able to draft a well-written dispute-resolution clause is the foundation of successful dispute-resolution procedures. Dispute resolution clauses are crucial to every ADR (alternate dispute resolution) agreement. The use of these agreements is encouraged to ensure that the important elements of a dispute resolution proceeding are provided for. And to avoid any ambiguity which may later …
What is negotiation? For many of us, our first thoughts go to a salary or hostage negotiation scenario. But all of us engage in the negotiation process far more often than we realize. Negotiation, in simple terms, is a dialogue between two or more parties with competing interests that are trying to reach an agreement. …
The right to create and hold a contract clause has been enumerated in the United States Constitution since the beginning. Contained in Article 1, Section 10, the clause known as the contract clause has become one of the constitutional provisions that seem minor but have had a more significant impact on the jurisprudence of the …
The Federal Arbitration Act is the foundational law relating to enforcing arbitration agreements within the United States. Those practicing domestic or international commercial arbitration will likely be very familiar with its requirements for enforcement, yet many challenges arise under the Federal Arbitration Act, both in understanding and legal challenges. For some, the text is difficult …
Principled negotiation is an interest-based approach that focuses on conflict management and resolution over getting the best possible deal. It comes from the ideas of Roger Fisher, William Ury, and Bruce Patton, who spearheaded the push for conflict resolution outside of positional bargaining. Negotiators rely on the underlying interests of the parties involved to determine …
Arbitration clauses have found their way into many contracts in recent years, and people will often be required to participate in binding arbitration proceedings when a dispute arises based on the contract. Finding a mandatory binding arbitration clause in an agreement can be surprising for some, but arbitration is a vital part of the alternative …
A notary bond, also referred to as a notary surety bond, is a legally binding contract designed to protect the public from misconduct or negligence by a notary public. It is a crucial part of the notary public’s profession and is required in most U.S. states before a notary can be commissioned or licensed to perform …
Learning how to become a paralegal can be a rewarding career path for those who have an interest in law and legal proceedings. Paralegals play a crucial role in the legal system, assisting lawyers by conducting research, drafting documents, managing case files, and more. If you’re considering this profession, here is a step-by-step guide on …