There are four legal reasons for impeachment. Impeachment is the political process by which a legislative body levels charges against a government official. It is a formal process that begins with an accusation, or impeachment, against the official and can ultimately lead to their removal from office if found guilty. In the United States, the …
The EEOC mediation process has helped settle many employment discrimination claims. The EEOC is responsible for investigating and enforcing federal employment discrimination laws, and these investigations or dispute resolutions are called claims. During this investigation process, the parties can agree to participate in mediation to help resolve the claim quickly. The term “mediation” refers to a …
The right to create and hold a contract clause has been enumerated in the United States Constitution since the beginning. Contained in Article 1, Section 10, the clause known as the contract clause has become one of the constitutional provisions that seem minor but have had a more significant impact on the jurisprudence of the …
The types of workplace conflict are universal, but the conflict resolution steps vary. When conflicts arise, these workplace conflicts can result in decreased productivity and interfere with the culture of the team, the general work environment, or the company as a whole. Conflict in the workplace needs to be addressed quickly and efficiently to ensure …
When a party to a case feels that the court should rule in their favor in an action, they can ask the court to dismiss the case through a dispositive motion. This will end the full case between the parties, or it may settle one of the claims between the parties. It is occasionally called …
The Federal Arbitration Act is the foundational law relating to enforcing arbitration agreements within the United States. Those practicing domestic or international commercial arbitration will likely be very familiar with its requirements for enforcement, yet many challenges arise under the Federal Arbitration Act, both in understanding and legal challenges. For some, the text is difficult …
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, …
How much does arbitration cost? Beginning in the latter part of the 20th century, Americans sought relief from costly and time-consuming litigation, with Fortune 1000 companies leading the way. Civil litigation was a rich person’s game that even rich people didn’t want to play. In response, Fortune 1000 companies increased the use of alternative dispute …
Arbitration clauses have found their way into many contracts in recent years, and people will often be required to participate in binding arbitration proceedings when a dispute arises based on the contract. Finding a mandatory binding arbitration clause in an agreement can be surprising for some, but arbitration is a vital part of the alternative …