Facilitative mediation continues to grow as a preferred method to resolve disputes, especially in bankruptcy proceedings.
Facilitative mediation continues to grow as a preferred method to resolve disputes, especially in bankruptcy proceedings.
Traditionally, disputes concerning IP rights are mainly heard before national courts. Nevertheless, in recent years there has been a significant shift towards arbitration.
The top three behaviors that annoy the mediator: (1) being unable to reach a decision-maker, (2) hyper-aggressive advocacy and (3) lack of preparation.
This year Women’s History Month coincides with the one-year anniversary of the COVID-19 pandemic. There could not be a better time to discuss how women, and especially mothers, have been affected by the pandemic.
An inter-agency committee is conducting a “comprehensive review” of the Community Dispute Management Framework that helps to manage disputes between neighbours.
Whilst not currently widely practised in personal injury or clinical negligence litigation, mediation potentially offers an alternative course of action allowing for the possibility of a more satisfactory outcome for claimants.
Nearly all construction industry standard form contracts require mediation as part of their dispute resolution provisions. Often confused with arbitration, mediation is a negotiation facilitated by a neutral third party.
Regardless of the types of commercial disputes that may arise, there are ways in which even the most complex and protracted disputes can be resolved amicably, failing which, the latest procedural trends promise to reduce the risks and costs of arbitration.
Lawyers can fulfill their roles as mediators just as well as they fulfill their roles as litigators. These individuals, who have spent all their lives in dispute management, can, and often do, accomplish wonders in mediation.
The mediation process is inherently flexible. Traditionally, it is used as a dispute resolution tool where parties can come together, call a timeout and reach a mutually acceptable solution. But in the time of a pandemic or even otherwise, there are several uses of the mediation process.