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 …
The power dynamics within organizations and groups are often complex and interwoven into the fabric of daily operations; legitimate power stands as a beacon of authority and structure. Rooted deeply in the organizational hierarchy, legitimate power offers a framework through which leaders and managers exercise control and influence over their teams. We can point to …
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 …
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 …
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 …
The idea that conflict will have either constructive or destructive results is the main thesis behind Morton Deutch’s The Resolution of Conflict. Deutch’s 1973 work paved the way for much further sociological and psychological research on the effects of conflict and how it can influence our lives. Understanding this model can be key to working with …
Negative sum games – what does it mean? While most people attend a mediation or negotiation hoping to walk away with the most possible value, when the goodwill between the parties breaks down, they may leave the table with little to nothing to show for their work. When both parties leave the table feeling as …