Justice and fairness have been at the forefront of our minds this year in the United States. The country has been facing increased calls for justice and fairness for all Americans, regardless of the color of their skin or other characteristics. As the year has continued, many people have had to shift their ideas of …
Developing facilitation skills and becoming a good facilitator can benefit anyone who works with others in any leadership role, whether official or not. Suppose you have ever needed to run a group meeting or get a consensus from a group. In that case, you will understand how difficult it can be to encourage participation and …
The first step in arbitration is generally serving the parties (and filing with the arbitration provider) a Notice of Arbitration. However, depending on the provisions of the contractual arbitration clause, the applicable arbitration rules, or legal authority, another document, such as a Notice of Appointment of Arbitrator(s), may begin the arbitration proceedings. But what must …
Conflict is an inevitable part of life, and there are many types of conflict that we experience throughout our daily lives. They can manifest in our relationships, professional interactions, or even within ourselves as we grapple with internal dilemmas and desires. While internal conflict can often feel uncomfortable or distressing, it also presents opportunities for …
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 …
Coercive power is a concept created by social psychologists John French and Bertram Raven, who defined the different types of social power used and how coercive power is used and abused in everyday life. Have you ever been threatened with a punishment if you did not complete a task? Maybe your parents told you that …
When a party wants to begin the arbitration process, they usually create and send a demand for arbitration. A demand for arbitration will start the process as the parties have agreed upon. Those on the receiving end may or may not understand what the process means, but they will quickly be immersed in the world of …
Arbitration proceedings are often touted as a fantastic alternative to resolving legal disputes; however, there are disadvantages to arbitration that can make it the wrong choice for a dispute for various reasons. Understanding how arbitration may not fit a situation or case can help parties make the best decision regarding the dispute resolution mechanisms. It …
In the realms of entrepreneurship, self-development, and career progression, the adage “fake it till you make it” has been both a beacon of hope and a subject of controversy. At its core, this philosophy endorses the idea of emulating confidence, competence, and an optimistic mindset until these attributes become ingrained realities. But how practical is …
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 …