Privacy and confidentiality are words that are used often and interchangeably in the legal and dispute resolution world, yet there are key differences between the terms that are important to understand. Just what these differences are and how they affect information is a concept that is sometimes overlooked when engaging in a legal dispute. Many legal and alternative dispute …
Let’s take a deeper look into Face Negotiation Theory. Have you ever been in a negotiation or conversation with someone where you suddenly notice yourself taking on a defensive stance to protect yourself? Maybe you have been more willing to give in a negotiation to help the other person or preserve what you believe the …
Deciding to divorce can be difficult, and there are often signs that the wife may be changing their mind about the divorce. This can confuse the parties as they attempt to navigate separation, custody, and dividing their lives because it can cause the couple to question whether the divorce is the best thing for their …
When does anchoring negotiation appear? How much to pay to settle a dispute or anchor price to purchase an item or settle a dispute is one of the most important decisions to be made before the negotiation process begins. A great many factors will influence the decision. Someone considering settlement will take into account, among …
What is an amicable divorce? When a divorce process is inevitable, a couple may begin to evaluate their options to resolve their divorce inexpensively and as cooperatively as possible. This question will especially crop up when the parties are on good terms with one another but must separate their lives. An amicable divorce process may seem …
The cost of moving, the odds of winning, and the risks of losing. Summary judgment is a pre-trial, usually late-discovery or post-discovery motion in which the moving party or parties seek a ruling that the admissible evidence shows there is “no triable issue of material fact” in dispute, judgment, and therefore no reason for a …
What is a high-conflict personality? If you have ever been in a conflict with a person who seems keener on continuing and escalating the conflict than resolving it, you may be dealing with one. High-conflict personalities are not the easiest to have conversations with, especially if you need to resolve the conflict. However, high-conflict personalities …
The word impasse has a particular meaning when it applies to alternative dispute resolution. The Collins English Dictionary defines the impasse noun by describing a situation, particularly, “If people are in a difficult position in which it is impossible to make any progress, you can refer to the situation as an impasse.” While the meaning …
The vast majority of legal disputes aren’t ended due to a trial. But, at some point, the parties reach a mutually agreeable compromise, and the dispute is resolved. Mediation is one way to help parties reach an agreement if they can’t do it themselves. Attorney Richard Shore, writing in Forbes, has these ideas to help increase …
What is Mediation? There are many benefits to mediation, including spiritual and emotional, according to an article written by Dr. Denisha Shah. Attorneys who use the mediation process may focus on the more immediate benefits (ideally, a case settles and a file closes). Still, there are more extensive benefits that all participants may benefit from. …