If a case is going to trial, it is important to consider pretrial and post-trial motions that could be made to further help the case. Motion practice can be an exciting or frustrating part of a trial for attorneys and parties, as they can help the case go their way or they can make the …
Whether or not to use boilerplate language in a contract is a question that is often considered in contract negotiation. However, it can be difficult to determine what the best boilerplate language is to include. There will also be situations where one of the parties is unaware of what boilerplate language is and how it …
In our international world, there may come a time when two parties need to create an international nondisclosure agreement or NDA. This scenario may arise for a variety of reasons, but when it does, the parties want to ensure that their information and understanding stays between them. When this is the case, the parties may …
We are all involved in conflicts every day, ranging from when our kids are going to bed or what movie to see. Our conflicts highlight our needs and desires and reflect those of others. To be conflict-free is to be isolated. Of course conflict outcomes matter, but our methods of resolution do too. What …
More businesses, schools, and governments have begun to adopt a conciliatory policy when evaluating and creating their conflict resolution processes. Yet many people that follow and interact with these processes do not fully understand the term conciliatory and how it affects the dispute resolution process. For some people, a conciliatory process may feel fresh and …
In the early stages of a case, the parties may find out that they are required to attend a meeting called a case management conference. A case management conference is the first step in moving the case forward and gives the judge and the parties the chance to see what the case is about and …
The last things someone running a business would like to think about is the right time to hire a business dispute attorney. For most business owners, the goal is to stay out of business disputes and litigation if possible. Disputes and litigation can be stressful and expensive for the parties involved. However, many disputes may …
Mediation is a common and growing alternative to litigation in the business community and in the courts. Users choose it for a variety of reasons: it’s confidential, non-binding, less time consuming than litigation, less costly, provides parties with greater control over their own destiny, and greater process satisfaction. Nearly half of survey respondents cited confidentiality …
By Scott B. Garner, Shawn M. Kennedy A. Introduction Any lawyer who has taken a case to mediation knows – at least in some vague, general way – that settlement discussions occurring during the mediation enjoy some level of confidentiality protection. Mediators themselves, of course, may have some greater understanding of what is and is …
A conciliation hearing is typically a hearing that happens in a court called Conciliation Court. Many states have a court that they send claims under a certain value to that removes much of the procedure and time that a regular court proceeding requires to resolve smaller disputes more productively. In some places, this is called …