Why do mediators request briefs from the parties? No- it is not just to learn about the case. Their more important function is to force the parties to think and analyze their case; to give some thought about the strengths and weaknesses of their respective cases and consequently, their position on settlement.
UN treaty makes enforcement of pacts easier; he also cites potential for more S’pore-India tie-ups in mediation
Mediation can be a useful tool when parties want to get to a resolution more quickly and less expensively than can be provided by the litigation track
Mediation is the intervention in a negotiation or conflict of an acceptable third party with limited or no authoritative decision-making power but who assists the parties in voluntarily reaching a mutually acceptable settlement.
Mediation has the potential to be one of the avenues through which social justice can be achieved provided it resorts to balancing the social power in the mediation setting and does not promote a culture of impunity.
In this podcast, CEDR spoke to experienced Trust, Wills and Probate Mediator Nick Pearson about the challenges involved in mediating these cases, key practical considerations for lawyers and parties and how to achieve better and more sustainable outcomes.
One of the reasons for the halt in construction is that the parties have fallen out regarding the performance of their obligations under the shareholders’ agreement, and your company is facing a potential breach of contract claim from its joint venture partner.
How does a mediator sustain an uncertain career in a field where he/she is entrusted by the business community and civil society to deliver a seamless service, with unwavering efficiency and professionalism? The answer is Self-Care.
Mediation is a human, not mechanistic process. As practitioners who are intervening in human systems, we use our “self” to do what we do. Our self is the instrument and the greater our knowledge of ourselves in relationship to others, the more successful we will be.
As with many dispute mechanisms, “pulling the trigger” on an SOP Adjudication is also firing the starting gun for what is generally, and particularly in SOP’s case, a short race to prepare for a hearing. SOP Adjudication is, deliberately and necessarily, a fast-track process, with the emphasis on obtaining a quick decision.