Mediation in a Personal Injury Settlement

Mediation in a Personal Injury Settlement

This article provides an overview of mediation in personal injury settlement and the pros and cons of using mediation to resolve a personal injury dispute.  We will examine the usefulness of the process and consider the benefits that make it a valuable option to settle a personal injury case. The process can often feel overwhelming …

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Resistance Point in Negotiation: Explained

Resistance point negotiation

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 …

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Can Text Messages be Used in Court? A Close Look

Can Text Messages be Used in Court?

Can text messages be used in court as evidence? More documents are created electronically than in any other fashion.  Electronic devices are everywhere. Office computers, personal computers, laptops, tablets, phones, personal electronic assistants, video doorbells, and even some cars, televisions, and refrigerators can generate, transmit, and store numerous amounts of data, including text messages.  Many …

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A Notice of Arbitration: What You Should Know

Arbitration Notice

The first step in arbitration is generally serving the parties (and filing with the arbitration provider) a Notice of Arbitration. However, depending on the provisions of the contractual arbitration clause, the applicable arbitration rules, or legal authority, another document, such as a Notice of Appointment of Arbitrator(s), may begin the arbitration proceedings. But what must …

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Court Ordered Mediation: What You Should Know

Court ordered mediation - All you need to know

Learning all you need to know about a court-ordered mediation can feel daunting.  When a court orders the parties in a family law case to mediation, there are often many questions about the process and whether the parties will be punished for failing to settle.  Family law frequently involves high emotions, and mediation can feel …

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Mediation Tips and Tricks: Top 5 Tips

Mediation Tips and Tricks

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 …

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Average Settlement Offers During Mediation

Average settlement offers during mediation

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 …

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Binding Mediation: An Affordable ADR Option

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 …

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What Happens After An Appeal Is Granted?

What Happens After An Appeal Is Granted?

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 …

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Demand for Arbitration: What You Should Know

Demand for Arbitration

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 …

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