In his groundbreaking TED Talk that went viral, Dr. Paul Zak explored the ways in which the hormone oxytocin supports human interconnectedness. His findings have important implications on the field of mediation.
A workplace is like a delicately balanced ecosystem. Most of the time, all individuals work in harmony with each other. However, when you throw a group of people with differing personalities, unique ideas and separate expectations into an office together, conflict is bound to arise eventually. In the face of such a clash, it’s important to refrain from doing anything that exacerbates the problem—which could ultimately result in mediation or even litigation.
You aced your final interview, and your future employer has just offered you your dream job. Exciting news! You’re asked to come into the office to sign some pre-employment paperwork. But embedded in the stack is a document that gives you pause: an employment arbitration agreement.
Many non-union employers these days require their employees to sign an arbitration agreement before they are hired. What does this agreement mean, and what rights does an employee give up by signing it?
Mediation and arbitration are two techniques commonly associated with alternative dispute resolution (ADR). Today we’ll examine a less known form of ADR called a mini-trial—a technique commonly used in large-scale business disputes.
A study by the University of Chicago has examined the ways in which humans react to and evaluate different types of loss. The research finds that humans value emotional and economic loss differently when these losses are considered separately versus when they are considered in combination with each other. These different valuing systems lead to different outcomes in mediation.
At times, it can seem the law defies logic. Take the following scenario as an example. You and another party are in dispute over some issue. Maybe you have a difference of opinion over contract terms or a construction project. Maybe you need to resolve a parenting issue in the wake of a divorce.
We have observed in previous posts that the use of mediation to sort out issues in a Pennsylvania divorce can present challenges. Because the process requires a willingness on the part of both parties to approach resolving disputed family law matters with an attitude of cooperation, mediation might not be for everyone.
Regular visitors to our site may be familiar with our "Best of the Hotline" feature. This is a section where we highlight topics that are on the minds of individuals around the state. If you have a real estate-related question, you might want to check it out.
It is a principle of law that every contract implies a duty of good faith and fair dealing by all the parties who sign the agreement. How that translates into action is less clear, as all experienced attorneys know. Courts can and often do recognize that the bounds of what constitutes proper enforcement and performance under a contract can vary depending on the circumstances of a given case.