By Zachary Ulrich Have you ever had someone in your life with whom you just couldn’t seem to get along? A family member, perhaps? Maybe a colleague? A customer, supplier, or client? All of us have had seemingly “conflict-laden” relationships, and those relationships can be the sources of some of our most painful stress. Sometimes …
By Mikita Weaver In improving the International Centre for Settlement of Investment Disputes (ICSID), the following competing interests must be considered: need to promote efficiency, need to unify the diverse jurisprudence of international investments, and need to promote investments abroad. Jack Coe wrote the following: “Sustained momentum toward an award is also often countered by …
By Mikita Weaver Scholars and practitioners alike often seem up in arms about the “vanishing trial.” Most seem worried that this decline in litigation will ultimately destroy justice. Instead of achieving justice through a court system, conflicts are being resolved without the assistance of lawyers, judges, and–dare I say—lots of time, money, and resources! Many …
This article examines the predictability of distributive bargaining between two negotiators, and conditions that might distort that predictability. It also introduces the important concept of the ‘negotiation dance,’ which is basic to the study of the negotiation process. Negotiation is a social act; of communication and discovery between two or more people, with the goal …
Can you back out of a settlement agreement if you have changed your mind? Evaluation of the risks of litigation and candid discussions of the possible strength of opponents’ arguments and the weakness of one’s own may make it seem as if everyone is against you. The gulf between initial expectations and final settlement can be …
When a union laborer feels that their employer violates their contract, they often face the process of filing a grievance. Unfortunately, this process can often feel overwhelming and discouraging in workplaces, so many instances go unreported. For this reason, this article attempts to explain the grievance process to better aid laborers in the steps to …
When creating a contract, few people imagine that they will need to use the frustration of purpose to stop performing under the contract. However, no one can foresee how things will happen as the contract moves on, and events can render the contract useless to its purpose. Contracts are agreements between two or more parties …
When trying to bring a relative to the United States, they may face inadmissibility and need to consider a hardship waiver to rectify the issue. A hardship waiver allows a relative that would typically be inadmissible to enter the United States because of the extreme hardship that the relative will face if they remain abroad. …
Requiring parties to participate in mediation before a lawsuit is becoming more common, but it has many parties questioning if mediation is mandatory and what the implication of making it mandatory is doing to the mediation process. Mediation was created as an alternative process to litigation to help the parties attempt to resolve their disputes …
Communication is the key to achieving a lot in the world, so when communication does not come as easy, it can be not easy to move forward in a career or effectively negotiate for something that you want. This is where the skills and work of a communication coach may come in. Communication coaches are …