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 …
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 …
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 …
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 …
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 …
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 …
What Does Per Diem Mean? In the dynamic world of Human Resources, understanding the nuances of employee compensation is crucial. Among these nuances, the concept of per diem payments stands out as both a benefit and a tool for cost management. When employees go on business trips, they often incur business expenses. Per diem payments cover …
What happens in mediation? Mediation has become a vital part of the conflict resolution system, yet many people have not experienced mediation, nor do they understand the process. This can cause people to decide not to participate or have many reservations about it. It can also feel overwhelming because the people involved may not know …
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 …