What are the five methods of dispute resolution?

What are the five methods of dispute resolution?

Understanding just what the five strategies or methods of dispute resolution are can be incredibly helpful when engaging in a dispute resolution process.  This can help a party prepare for the process adequately with the right strategy and can give the party insight into their own needs as well as the other party’s needs.  The …

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Conflict Resolution Includes All of the Following Except…

Conflict Resolution Includes All of Following Except...

Conflict resolution includes all of the following, except…? Conflict, whether between individuals, groups, governments, or some combination of these, comes in many forms. Conflict resolution includes multiple processes and methods in facilitating a peaceful ending. Every form of conflict is a purposeful effort to meet some need or gain some advantage, whether it is status, …

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The Role of Outside Counsel 

Outside Counsel 

Legal spending by corporations will almost certainly continue to tighten in 2022.  The days of unlimited corporate legal budgets have been gone for some time, as companies have worked to rein in their legal spending in the face of skyrocketing costs.  These efforts have taken many forms. The key to many of the cost-cutting measures …

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Prelitigation in Alternative Dispute Resolution

Prelitigation in Alternative Dispute Resolution

Well, you’re fed up with waiting. You’re finally ready to file that breach of contract suit against what used to be your best customer. They have been stringing you along, but you have had it. Or maybe you just got a nasty letter in the mail telling you the people who bought your house weren’t …

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Conciliation Process: A Step-by-Step Guide (Part I of II)

Process of Conciliation

Conciliation is a word that is often used in alternative dispute resolution forums as an attitude or skill to possess when attempting to settle a dispute through alternative forms of resolution, but the process of conciliation stands on its own as a form of alternative dispute resolution.  Conciliation is a method of dispute resolution that …

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Consumer Disputes After Resolution: How Long does it Take for a Dispute to be Removed?

Consumer Disputes After Resolution

After disputing a charge on your credit, you may still be trapped facing a consumer dispute after the resolution process.  This means that even though you have successfully disputed a charge on your credit, there may be an issue with the way it is reported on a credit report.  This type of reporting can affect …

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Pretrial and Post Trial Motions

Pretrial and Post Trial Motions

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 …

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What is a Boilerplate Contract?

What is a Boilerplate Contract

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 …

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What is a Mediation Charge?

Mediation Charge

Sixty or seventy years ago, “I’ll see you in court” meant that it was likely we were taking our dispute before a judge or jury for trial.  But as Professor Marc Galanter has repeatedly pointed out, the American trial has been vanishing for decades. The causes of the trial’s disappearance are multiple, but cost and …

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Alternative Dispute Resolution Conciliation

Alternative dispute resolution conciliation

When talking about alternative dispute resolution, conciliation is a necessary technique to discuss.  The process helps parties come up with solutions and find new ways to consider a solution.  It is a creative process between the parties and the conciliator to identify solutions that are outside of the realm of what the parties have considered …

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