About two-thirds of reported cases of workplace discrimination are not substantiated, and the majority of these are misunderstandings that are subsequently clarified and not pursued further by either party.
Read moreThere is even greater need for a good dispute resolution mechanism now, with the Covid-19 pandemic, rising geopolitical tensions and trade protectionism issues leading to more disputes, said Law and Home Affairs Minister K. Shanmugam.
Read moreMichel Kallipetis explores innovative and novel approaches to mediation around the world to answer the question: is this the golden age of mediation?
Read moreThere are two significant ways in which mediation by video conference will change construction law and both are a function of removing the need to travel.
Read moreNonverbal communication may impact participants’ thoughts and emotions in a mediation or arbitration and should be considered when evaluating communication feedback during these sessions.
Read moreThere are lessons to be learned about how not to settle. Here are the top 5 ways to fail (in no particular order).
Read moreIn this podcast, JAMS neutrals Judge Joan Feeney and Judge Phillip Shefferly share their thoughts on why mediation is a good tool to resolve bankruptcy disputes.
Read moreA bracketed proposal is a conditional offer in which a party proposes, “I will move to X, but only if you move to Y.” This allows the proposing party to show it is willing to advance the negotiation, perhaps with an uncomfortably large move, without committing to the number unless the gesture is reciprocated.
Read moreUltimately, the decision to consult with a lawyer is an individual decision that each party should make.
Read moreDisputes are unavoidable but can be managed and resolved via various techniques.
Read moreThis mechanism will continue to grow in relevance in the future, says CJI.
Read moreThe inaugural India – Singapore Mediation Summit (ISMS2021) featured the Chief Justice of India and the Chief Justice of Singapore, among other luminaries, who took the stage to share their views on mediation as an increasingly relevant method of civil and commercial dispute resolution in these difficult times.
Read moreWhy 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.
Read moreUN treaty makes enforcement of pacts easier; he also cites potential for more S’pore-India tie-ups in mediation
Read moreMediations simply will not be successful unless the mediator knows almost as much about the case as you do. Mediators cannot be convincing unless they have a deep knowledge of the strengths and weaknesses of both sides.
Read moreMediation 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
Read moreMediation 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.
Read moreMediation 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.
Read moreIn 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.
Read moreOne 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.
Read moreHow 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.
Read moreMediation 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.
Read moreAs 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.
Read moreAs mediators become more versatile mediating online, the effectiveness of virtual mediation will continue to likely increase.
Read moreThe global rise of mediation as an effective mechanism for resolving complex disputes will continue to grow thanks to a new treaty that establishes a global framework for enforcement of settlement agreements resulting from mediation.
Read moreOn 4 June 2021, Brazil signed the United Nations Convention on International Settlement Agreements resulting from Mediation, also known as the “Singapore Convention on Mediation” (the “Singapore Convention”).
Read moreJust like in basketball, mediations have moments of “hang time” – that point where everything is in the air, suspended. In basketball, hang time usually means a slam dunk is about to happen; for mediations, though, this can become a slam funk.
Read moreFormer Supreme Court judge Goh Joon Seng, who had served on Singapore’s Council of Presidential Advisers (CPA) for more than a decade, died of cancer on Tuesday afternoon (June 15).
Read moreIt is not always automatically bad if the parties at the mediation table are not diverse, because it might for example just be coincidence. It is problematic however, if diversity was hindered and people faced disproportionate or intentional obstacles to keep them away from the table.
Read moreOne area of innovation is the continued development and adoption of the Singapore Convention on Mediation (“Singapore Convention”), which if ratified more widely in the coming years will provide an enforceable framework for international mediation.
Read moreIn Asia Pacific, we have already witnessed changes in the judicial systems to adapt to the new “norm.” While the circumstances present many challenges, there are also considerable opportunities for those who are set to renew and reinvent. What, then, does this mean for the future of disputes?
Read moreRegarding communications in arbitrations and mediations, a neutral who interacts with litigants from different backgrounds may wish to establish common ground, emphasize similarities, and establish empathy to help the litigants feel more comfortable in the exchange.
Read moreMediators do not render decisions but rather work to draw parties together by eliminating obstacles to communication and guiding the process away from confrontation and towards reconciliation.
Read moreMediation can be described as a process which leads to the resolution of a dispute through the agreement of the parties with the assistance of a neutral third party, but without the involvement of a judge or arbitrator.
Read moreCommunity mediation centers (CMCs) are participant-focused and have been providing both face-to-face and virtual mediation sessions for decades to meet participants’ needs.
Read moreMediation has become so routine for many of us, we too often forget that it’s not just another day for our clients.
Read moreMediators use different communication skills to help disputing parties regulate their emotions and reactions. In deescalating a conflict, a mediator helps parties calm down, rethink and respond.
Read moreMany of the insurers lacked the information they needed to obtain the necessary authority to settle the claim, and many of the policyholders viewed the insurers’ requests for information as excessive or unnecessary, thereby casting a pall over the mediation process.
Read moreA change in mindset about the way we approach dispute resolution methods will be one of the legacies of the Covid-19 pandemic, with remote mediation and other forms of alternative dispute resolution (ADR) expected to be here to stay.
Read moreLegal systems round the globe are grounded in the rule of law and in theory, justice is available readily and equally to all. In practice, however, access to justice is easier for some than for others, and for those unable to afford legal services, justice may be difficult to obtain.
Read moreAn “amicable divorce” option would allow couples to mutually agree to file for a divorce without needing to state the reason why the marriage has failed.
Read moreThere are five key reasons why attorneys should urge clients, and opposing counsel, to attempt to settle matters before proceeding with litigation:
Read moreA discussion on government guidelines regarding international co-operation and resolving disputes in the face of, and following the Covid-19 pandemic, was held on the fourth day of London International Disputes Week.
Read moreMediation openings should be as thought out and well-planned as opening statements in the trial, but without aggressive, trial-level advocacy.
Read moreIn the Alternate Dispute Resolution (ADR) profession —arbitration and mediation – technology has played an indispensable part of our work lives this past year – the open question is: what role will it play in the future?
Read moreAll the stages of a mediation—introduction, discussion of the merits, the initial demand, the bargaining and negotiation—are necessary for resolution.
Read moreWith preparation, training and education, most of the difficulties associated with virtual mediations may be overcome and the benefits can far outweigh those challenges.
Read moreThe effectiveness of a mediator depends on the willingness of both sides to reach common ground. So, a mediator’s job is not to judge but to observe and quell tensions.
Read moreMediation is essentially a dispute resolution method; and an ancient institution throughout the history of mankind that is traditionally recognized in almost all societies.
Read moreIn the UK, disputes in the construction industry are rarely resolved through conciliation, with parties preferring recourse to adjudication, mediation, litigation or arbitration. However, a recent Australian case highlights that in other jurisdictions, the idea of conciliation is more prevalent.
Read moreA podcast from JAMS featuring Hon. Rebecca Westerfield (Ret.) and Scott J. Silverman (Retired Judge, Eleventh Judicial Circuit) on their experiences in virtual alternative dispute resolution (ADR) and their views on the future of the industry
Read moreMediation is not used as often as it should be to resolve international patent litigation.
Read moreWhy it’s more urgent than ever we have a conversation about mediation ethics.
Read moreMediation is a dispute resolution process that involves people who have feelings, goals, and marching orders. It is not simply an emotionless calculator for determining a monetary settlement.
Read moreThe consistent focus by the state and federal judicial systems on alternative dispute resolution processes has made mediation an essential element of the civil trial process.
Read moreThe Convention defines mediation as a process where disputing parties seek to reach an amicable settlement with a third party’s assistance that does not have authority to impose a solution.
Read moreA mediator understands the differing perspectives of parties without judging, explores their underlying interests, allows them to vent their feelings.
Read moreMediation is an out-of-court process that allows you and the other party to discuss various aspects of your divorce and generate an agreement that reflects both of your wishes.
Read moreThe Government will be introducing fair tenancy laws involving the leasing of retail premises, and will be consulting with landlords and tenants in the next few months to work out details of the legislation.
Read moreODR platforms help courts relieve some of the strain from COVID. However, even when the pandemic has gotten more controlled and the general public feels safe about venturing out, people may still want the convenience that ODRs bring.
Read moreSince the beginning of the pandemic one year ago, we have seen the legal industry adapt to a technology-driven world, especially one area in particular: virtual mediation.
Read moreMediation has sometimes been described as a bit like marriage counselling. The mediator, like a counsellor, is there to listen to and facilitate discussions between the two parties in an attempt to identify common ground and areas of compromise.
Read moreWith so many of us suddenly forced to use new technology in working from home, it is a good moment to think about what new technologies are on the horizon for lawyers even after business returns to normal.
Read moreMediation involving a State entity requires an understanding of the realities of public service, as well as the mediator’s ability to constantly find solutions to the obstacles that continually arise during negotiations.
Read moreMediation is an avenue for obtaining a divorce quickly, safely, confidentially, and cost effectively, especially during Covid-19.
Read moreIs ODR in mainstream cases merely a stopgap measure born out of necessity or a permanent addition to the ADR toolbox?
Read moreThe expense and corollary issues around business-interruption claim litigation should make mediation attractive to insurers and policyholders.
Read moreMediate.com, as an additional Premium and Featured Membership benefit, is now hosting monthly online conversations with top mediators and conflict resolvers from around the world.
Read moreFacilitative mediation continues to grow as a preferred method to resolve disputes, especially in bankruptcy proceedings.
Read moreTraditionally, disputes concerning IP rights are mainly heard before national courts. Nevertheless, in recent years there has been a significant shift towards arbitration.
Read moreThe top three behaviors that annoy the mediator: (1) being unable to reach a decision-maker, (2) hyper-aggressive advocacy and (3) lack of preparation.
Read moreThis 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.
Read moreAn inter-agency committee is conducting a “comprehensive review” of the Community Dispute Management Framework that helps to manage disputes between neighbours.
Read moreWhilst 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.
Read moreNearly 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.
Read moreRegardless 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.
Read moreLawyers 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.
Read moreThe 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.
Read moreAt the beginning of a new year, it seems a good time to look back on some of the common excuses, sorry, reasons, for refusing to mediate that occasionally continue to circulate especially in litigated cases.
Read moreMediation. Arbitration. Conciliation. Three words that sound alike and come up frequently in the family law context but have different meanings and implications
Read moreA constructive and active dialogue during a mediation helps foster an understanding between the parties and bridge the gap, narrowing the issues for reaching a negotiated resolution.
Read moreMediation should be thought of as a conversation about the future, with the goal of reaching an amicable divorce settlement that puts both spouses on the best path forward.
Read moreWorking with egos and emotions is considered an obvious task for a Mediator and this responsibility is heightened when the parties involved are high profile individuals or global brands.
Read moreVirtual mediation has been a fantastic success and has enabled mediations to continue despite the pandemic.
Read moreRule number one in any mediation? Don’t tick off the mediator.
Read more“The biggest advantage of Mediation is that conversation/statements by Parties during mediation cannot be used against them in Court. This permits them to speak their mind without the fear of adverse consequences.”
Read moreMediators from across New Jersey weigh in with tips for effective, resolution-oriented attorney-mediator relationships.
Read moreMediation has been under-utilised historically as a means of dispute resolution in this area. Mark Blyth and Geoff Egerton think this is going to change.
Read moreThe mediation process is built around the main aim of preventing misunderstanding from escalating to destructive levels. The goal of Mediation is to simply resolve conflicts as favourable as possible to parties involved.
Read moreMediation has shown itself to be a powerful tool for bringing a speedy and effective end to cross-border disputes while preserving the commercial relationship between them
Read moreThe advantages of virtual mediation suggest that it will be deeply embedded in the ADR landscape long after the pandemic is over.
Read moreToday’s pandemic world has, by and large, interrupted the normal progression of most cases regarding when they will go on trial. As a result, mediation has assumed a more important role in the process of disposing of cases by settlement.
Read moreWhile online text-message mediation may not be the right fit for every participant or every dispute, it is a viable option to help parties resolve their legal dispute, one text message at a time.
Read more