Can you respond rationally to your dispute instead of emotionally? Fact: Over 95% of the cases filed in courts end up settling and never go to trial. If you know there is an overwhelming likelihood that your case will settle through negotiations or mediation – doesn’t it make sense to use a process designed to reach a settlement in a …
You have heard about alternative dispute resolutions methods like mediation or collaborative law (CL), both of which offer you many of the advantages that litigation cannot offer you.
Now, take that same concept – a commitment of an entire town to practicing health wellness – but apply it to legal wellness. For one year, what if town officials agreed that if there were any kind of municipal disputes, neither side would sue or go to court.
Fairly Legal’s premise is the use of mediation to resolve disputes rather than going to court and fighting through a litigation process. The lead character, Kate Reed, is a lawyer who walked away from the litigation side of the profession to become a mediator.
In Collaborative Law, the parties are required to immediately exchange all relevant information. That is mandated by the process agreement all parties sign at the beginning of the CL process.
Workplace bullying and harassment are emerging issues to be addressed by employers. Add the potentially larger problem of increased stress, decreased morale and diminished productivity of those employees who remain after layoffs, who are expected to carry the same load with less people, less experiential knowledge and less resources
We believe the parties in the dispute should ultimately decide how it gets resolved. They should select the right process, with our guidance and recommendations, and should make the final decisions about what the resolution will look like. Dispute resolution needs to be efficient in time and cost, needs to preserve important relationships and not drain the resources and emotions of the parties. The process should and can be agile and creative enough to come up with solutions that really fit the needs and meet the interests of the parties.
There are many advantages to having trusted legal counsel on board, someone who knows your business and family circumstances well, knows your priorities and goals, your disposition and who can give you good preventive and proactive advice, before you decide which legal path to travel.
Having a primary care lawyer (PCL) among your team of trusted advisors, the way you have a primary care physician, or financial advisor or accountant is important to your well-being too!
I’m often asked how case evaluation is used to resolve a dispute. One important prerequisite is that the parties to the dispute – and their lawyers — have to want to resolve the matter quickly and approach it like a problem to solve, not a fight over who is right.
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