Closure of courts and tribunals to curb the spread of the virus will invariably delay justice to companies and individuals alike. In these times, traditional reliance on litigation is a far from optimal way of dealing with conflict. Fortunately, negotiation and mediation are at last beginning to emerge as responses to conflict in its myriad forms and to the challenge of building a more peaceful world.
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Karen Ekstein, MBA, Ph.D. (author) assisted David Aschaiek with this article.In “Cultural Competence – Transcending Culture Differences in Mediation,” cultural competence was described as an indispensible capability in a mediator’s...
By Dave AschaiekNondisparagement clauses are commonly used in settlement agreements. Some clauses are simple one-liners such as “The parties agree not to disparage each other.” The agreement in Monster Energy Co. v....
By Michael Diliberto