Privacy and confidentiality are words that are used often and interchangeably in the legal and dispute resolution world, yet there are key differences between the terms that are important to understand. Just what these differences are and how they affect information is a concept that is sometimes overlooked when engaging in a legal dispute. Many legal and alternative dispute …
Let’s take a deeper look into Face Negotiation Theory. Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe the …
What does litigate mean? The Oxford English Dictionary (OED) defines “litigate” (from 17th Century Latin litigat, meaning “disputed in a lawsuit,” as “verb… take (a claim or a dispute) to a court of law.” Interestingly, the OED’s compilers chose this sentence as an example of proper usage of the word “Litigate”: “even a claim which is litigated …
As politics and other issues drive Americans further apart, it is commonplace to see polarization in communication in messaging online and in other sources. Polarization encourages both those without a position to pick one and those with a position to commit to a more extreme version of the position. The prevalence of polarization has increasingly …
Whether you’re a professional mediator, a manager seeking to address workplace disputes, or someone looking to improve your personal relationships, developing mediation competency is essential. Mediation is a valuable skill that can help individuals resolve conflicts and achieve mutually beneficial outcomes. In this blog post, we’ll explore the key components of mediation competency and discuss practical …
When does anchoring negotiation appear? How much to pay to settle a dispute or anchor price to purchase an item or settle a dispute is one of the most important decisions to be made before the negotiation process begins. A great many factors will influence the decision. Someone considering settlement will take into account, among …
The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …
When considering places to try and bypass confrontation, avoiding conflict in the workplace is often at the top of the list. Most employees prefer to move through their tasks for the day without dealing with frustrated or angry coworkers or having to sit through endless meetings with their colleagues and bosses. However, conflict in the …
Are you sure you are going to come out on top in the upcoming business negotiations, though you have just joined the bargaining team? Be careful, you may be suffering from overconfidence. According to Merriam-Webster.com, overconfidence is: “The quality of being overconfident; excessive confidence.” Overconfident, in turn, is defined as: “excessively or unjustifiably confident: …
Of all the departments that will need to deal with conflict effectively in a workplace, the human resources department is the most likely. Outside of the hiring process, most employees will only interact with human resources during times of conflict, which often makes human resource departments the least favorite team to interact with for an …