What skills does a Commercial Litigator need?
Each competency has five to ten behavioral assertions that can be observed,
each with a corresponding performance level (from one to five) that is required for a particular job.
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Mediation: Mediation is a dynamic, structured, interactive process where a neutral third party assists disputing parties in resolving conflict through the use of specialized communication and negotiation techniques. All participants in mediation are encouraged to actively participate in the process. Mediation is a "party-centered" process in that it is focused primarily upon the needs, rights, and interests of the parties. The mediator uses a wide variety of techniques to guide the process in a constructive direction and to help the parties find their optimal solution. A mediator is facilitative in that she/he manages the interaction between parties and facilitates open communication. Mediation is also evaluative in that the mediator analyzes issues and relevant norms ("reality-testing"), while refraining from providing prescriptive advice to the parties (e.g., "You should do... ."). Mediation, as used in law, is a form of alternative dispute resolution resolving disputes between two or more parties with concrete effects. Typically, a third party, the mediator, assists the parties to negotiate a settlement. Disputants may mediate disputes in a variety of domains, such as commercial, legal, diplomatic, workplace, community and family matters.
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Document Review: Document review (also known as doc review), in the context of legal proceedings, is the process whereby each party to a case sorts through and analyzes the documents and data they possess (and later the documents and data supplied by their opponents through discovery) to determine which are sensitive or otherwise relevant to the case. Document Review is a valuable main staple of the type of work performed by attorneys for their clients, though it is increasingly common for the work to be performed by specialized document review attorneys. Some types of cases that typically require large numbers of documents to be reviewed are litigation, mergers and acquisitions, and government and internal investigations (including internal audits). Regarding litigation, documents reviewed by attorneys are obtained through the discovery process, which is generally governed by rules of procedure for the presiding court. In cases in United States Federal Courts the rules related to discovery are Federal Rules of Civil Procedure (F.R.C.P.) 16, 26, 33, 34, 37, and 45 which were amended in 2006 to include electronically stored information.
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Word Processing: word processing, operation in which a text-editing software program called a word processor is used to create a document on a computer. A word-processing system can produce a wide variety of documents, including letters, memoranda, and manuals, rapidly and at relatively low cost.
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