Resistance point negotiation is often considered one of the worst positions to be in; however, resistance points are a helpful metric when evaluating an offer or solution. A resistance point is often discussed within the larger framework of the best alternative to a negotiated settlement as the farthest a party will be pushed in one …
Business litigation involves presenting issues with business and corporate entities to the courts and arguing for business entities in court. Various topics may be the subject of business litigation, and many business litigation lawyers are experts in one of these areas. These litigation disputes can be incredibly complex and take time to complete. Understanding business …
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 …
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 …
What happens after an appeal is granted? Your appeal was successful. Now what? You have been fighting with your former business partner for over five years, which has taken much time, money, and energy. You were shocked when the trial court ruled against you. It was difficult to decide to commit further resources to an …
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 …
Mediation and arbitration are found within the alternative dispute resolution sphere because they offer ways to resolve disputes outside the traditional litigation process. However, the procedures are very different. Each system presents its benefits and challenges, and neither system is truly superior to the other. Understanding how and when to use each process is vital …
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 …
Are you looking for a negotiation checklist? We do a lot of our negotiation without much thought. But getting good results takes forethought, preparation, discipline, organization, and knowledge. To help prepare you for success, here are seven basic rules of negotiation: Rule #1: Always prepare for a negotiation Preparation and planning are critical for success …
Parties preparing for negotiation may need the term “positional bargaining” explained. Positional bargaining is a negotiation strategy used to drive the bargain and attempt to secure a possible value from a bargaining session. Many people view bargaining as a harsh and poor form of negotiation. While this style of negotiation often results in win-lose situations …