How Does Divorce Mediation Work?

What Can I Expect at a Divorce Mediation?

If you are getting divorced, you probably have a lot of questions about the process and the available options for divorce, including, “Dow does divorce mediation work?”  Divorce mediation is one of the many alternatives available to people who are getting divorced that helps keep the arguments and divorce out of the court system.  It …

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Decreasing the Risk of Legal Malpractice Claims

Reduce Legal Malpractice Claims

By Mai Nguyen The American Bar Association (ABA) conducts extensive survey on legal malpractice claims every four years. The survey concludes that every practicing lawyer is potentially at risk for legal malpractice. It was once believed that solo practitioners were at the highest risk, however, research has found that lawyers at small, medium, and large …

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What Should Appellate Mediation Look Like?

Appellate Mediation

I. Introduction For a case to reach the appellate level is a rare feat indeed.  It has been estimated that nearly ninety-five percent of all cases will settle before trial. Of the remaining five percent, only the most difficult and stubborn will proceed to the appellate level.  This creates a unique environment for alternative dispute …

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Stipulated Judgment vs Settlement Agreement

Stipulated Judgment vs Settlement Agreement

After a long day of negotiations, the parties have finally agreed on a way to resolve the case and settle their dispute, however, there is still one more decision to make—whether to put that agreement in a stipulated judgment or a settlement agreement.  On the surface, the two options look very similar.  Both include the …

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Unleashing The Healing Benefits of an Effective Workplace Investigation

Unleashing The Healing Benefits of an Effective Workplace Investigation

By Nedy Warren, Esq. SPHR The average working American devotes more time to work than to family, leisure, or even sleep. According to the Bureau of Labor Statistics, time spent working beats time spent sleeping by an entire hour. Given the amount of time and energy we spend at work—plus the fact that conflict is …

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Is Settlement Counsel a New Trend in Litigation?

Settlement Counsel

By Scott Van Soye George nervously drummed his fingers on the desk. He was torn. On the one hand, he’d known this lawsuit ought to settle the moment Brad Givens retained him. The facts were weak, the law was unsettled, and Brad could make real money in partnership with the defendants, if they could stop …

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International Bar Association’s Guidelines on International Arbitration

IBA International Arbitration

The International Bar Association’s Arbitration Committee is one of the world’s largest professional groups for counsel and arbitrators handling transnational disputes. The Committee currently includes over 2,600 members from 115 countries. According to the IBA, membership is steadily increasing. The Arbitration Committee has published several sets of Rules and Guidelines that are widely accepted by …

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Convening

Convening

Dispute resolution is a process.  The beginning phase — bringing everyone together under conditions conducive to settlement — is called convening. Convening can be as simple as a few phone calls, where those involved already know what they want and are properly prepared for it.  Or it can be as complex as holding a long …

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7 Significant Steps to Prevent Employee Litigation

Prevent Employee Litigation

By Terri Lubaroff Problems, Problems Everywhere… Anyone who has ever worked as corporate counsel knows it ain’t easy. Corporate counsel has to deal with lawsuits, human resources, risk management, internal politics, and an ever-changing landscape of compliance landmines.  To make matters worse, the higher-ups do what they want, when they want… and then they come …

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Framing And Reframing

Nicole was frustrated: “I know I’m behind on the rent – business is slow and I can’t afford $9,000 a month for this place! George needs to get real! He’s made a ton of money from me.  He needs to stop being so greedy… I only can pay $7,000 a month… at least until business …

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