AAA Employment arbitration rules and mediation have been a hot topic for decades regarding the enforceability and fairness of the pre-dispute arbitration clauses in the employment context. The issue is of huge practical importance because, depending on which study one believes, between twenty and forty percent of American workers are covered by such “mandatory” clauses. …
When learning about conflict and dispute resolution, it can be difficult to understand the definition of “confrontational.” Everyone will have their own idea of what confrontation is and its uses. Some negative, and some positive. Defining the term “confrontational” can be difficult but thinking about the basic characteristics that are present in a confrontational interaction …
How can we truly go about defining partiality? Partiality is the unfair bias that we display for ourselves and other people with whom we stand in some personal relationships. It still remains a central theme in philosophy, as well as in practice, particularly the legal practice. Within the alternative dispute resolution sphere, the word partiality, …
Understanding the types of mediation is a vital skill when preparing for and participating in mediation. Knowing how the mediator is operating and what skills they are using is important for the parties and their counsel to work best with the mediator and still emphasize what is an important consideration for them. It is also …
The Texas Arbitration Act is the governing law over arbitrations occurring in Texas. The Act covers most aspects of the arbitration procedure and aims to ensure that arbitrations are conducted fairly within the state. While it has existed in some form for quite some time, it has been shifted and amended to fit the demands …
Med-Arb is a long-standing and robust alternative dispute resolution practice that combines the mediation and arbitration processes. Med-Arb has become widely used in the last decade as an alternative dispute resolution process. A survey performed by David Lipsky and Ronald Seeber found that an astonishing forty percent of responding Fortune 1,000 corporations had engaged …
In the legal field, the roles of paralegals and legal assistants often overlap, leading to confusion about their responsibilities and qualifications. While both positions provide vital support to lawyers in a law firm, it’s important to understand the differences between them. In this blog post, we will explore the distinctions between legal assistants and paralegals …
The legal profession is filled with various roles that contribute to the smooth operation and administration of justice; two such roles that often cause confusion are those of the paralegal and the lawyer. Although they both work in the same field, their responsibilities, qualifications, and roles can be markedly different. Understanding the differences between these …
Most of us have only been exposed to hostage negotiations through movies and television shows, but the reality of the practice can only be experienced when we enter hostage negotiation training. Hostage negotiators, also known as crisis negotiators or a crisis negotiation team, are the first responders called in hostage situations or other difficult situations …
While many of the legal and other professional fields love to highlight the benefits of confidentiality, many of them fail to point out the limits of confidentiality. Understanding these limits is a vital aspect of sharing your information and keeping your information confidential. Without a clear understanding of when confidentiality will not apply and confidentiality …