Attorneys receive lots of training and spend countless hours practicing to prepare winning appellate briefs, arguments, and summary judgment motions. With that said, it’s important to also focus on mediation brief. Unfortunately, mediation briefs are either overlooked, prepared at the last minute, or both. However, mediation briefs have much more of an influence on the mediation process than you might think.
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 …
When parties are considering using mediation to help them separate effectively, they may wonder how to prepare for separation mediation effectively. For some, they may not even know what mediation entails, and they will have no idea how mediation will work for them. Mediation is a commonly used practice, especially in family law matters, yet …
While it is not a new concept, integrative negotiation is a tool that may feel new to some negotiators. When negotiations are starting to fall apart, and the parties seem to be making little progress toward an agreement, taking an integrative approach to negotiation may help the parties find common ground or a place where …
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 …
Parties preparing for negotiation may need the term “positional bargaining” explained. Positional bargaining is a negotiation strategy used to drive the bargain and attempt to secure a possible value from a bargaining session. Many people view bargaining as a harsh and poor form of negotiation. While this style of negotiation often results in win-lose situations …
The factors that contribute to power imbalance are often complex and difficult to notice daily, but over time, they contribute to an unhealthy dynamic if they are not addressed. Imbalances of power can be found in every relationship, from our most vulnerable and trusted relationships with partners and best friends to workplaces or even in …
When an individual is facing a conflict and struggling to deal with it, conflict coaching may be an excellent opportunity to learn about conflict resolution and master skills to make resolving the conflict a more ascertainable goal. Conflict coaching is a one-on-one experience where a professional works with an individual to help them manage and …
Emancipation in California is done through a comprehensive step-by-step process. In this article, we will describe the ways a minor can ask the courts to become legally emancipated and the ways that automatically grant a declaration of emancipation. What is the Emancipation of a Minor? Emancipation of a minor (CA Fam Code section 7002) refers …
Bird nesting divorce is a way that couples have sought to lessen the effects of divorce on their children. Divorce is often a time of stress and change for both the couple and their children. Often one of the changes that the couple needs to grow into is the separate living situations, which can often …