An implied contract is typically not explained or considered until there is an issue with the agreement that the implied contract is responsible for upholding. Such contracts are actions or behaviors on the part of the parties that demonstrate a mutual agreement between the parties, even if it is not spoken. These contracts are compared …
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 …
Are you looking for mediation tips and tricks that work? America has a well-deserved reputation as the most litigious society in the world. Culturally, there is a significant focus on vindicating rights, winning, and competition as ends in themselves. While involvement in litigation is viewed as shameful in some societies, Americans generally view it as …
Binding mediation combines elements of mediation and arbitration to help parties resolve disputes effectively and efficiently. It is often called mediation arbitration or med-arb. In this process, the parties agree to submit the dispute to mediation. Still, if an agreement cannot be reached, the mediator becomes an arbitrator, issues a decision on damages, and binds the …
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 …
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 …
When facing a legal dispute, one consideration that has to be made is whether to choose mediation vs litigation to settle it. Alternative dispute resolution such as mediation is less costly but there are many reasons to choose the litigation process. Comparing the two processes will often result in a lot of differences, and the …
The Federal Mediation and Conciliation Service (FMCS) is the nation’s largest independent public agency for alternative dispute resolution (ADR) and conflict management, providing mediation and conflict resolution services in the private, public, and federal sectors.