Preserving relationships is more important than winning at all costs in today’s business environment. It is also critical in dispute resolutions since non-adversarial processes are more responsive to meet the needs of the parties.
What is social enterprise and sustainabilty? How can internal spirituality that people possess be brought our in organizations and the daily work environment? Here are some individuals and companies that embody these traits.
Boilerplate legal documents can be of value but may not be suitable for many cases without some changes. The addition of dispute resolution clauses can add value to these documents.
What do Abraham Lincoln, Mark McCormack and Jesus have in common? They were all respected counselors in their time and pointed out the advantages resolving disputes quickly and efficiently. Today, I happened to check back with a book I hadn’t read for years: The Terrible Truth About Lawyers, by Mark H. McCormack, a lawyer who is better known as the founder, …
Respect, civility, empathy, equity, fairness and generally doing the right thing go a long way in creating a better environment for negotiation.
The Sovereignty of the Client and the topic of confidentiality. The great skill for an ADR practitioner to have.
When you file a lawsuit in a court, the lawsuit and information related to it become public information. Most courts today either utilize electronic filing or will be soon. You may not think about it or realize it, but this means anyone can go online and find out about your dispute.
How ADR uses “think outside the box” powers to separate itself from the limitations of litigation and arbitration.
If you have a dispute, how important is maintaining the relationship with the other party? ADR has advantages if there is a need to maintain a relationship with the other party.
For most small businesses the time to resolve disputes through the court system and normal litigation can be daunting. ADR offers more efficient use of time and money.