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February 26, 2021
As someone once said “To err is human, but to really foul things up requires a computer”. Whilst there is often some truth in this playful twisting of Alexander Pope’s famous quote, mediation is one of the areas in which the development of technology can be of great assistance. The recent COVID pandemic has forced people to embrace the concept of online mediations, and many mediators and participants alike have been pleasantly surprised by its operation and advantages.
July 8, 2020
Today, as a result of increasing delays and the cost of litigation proceedings, many businesses and individuals are choosing to resolve their disputes outside of the courts through more cost-effective and efficient means. Alternative dispute resolution has proven to be popular in the commercial world, with two of the most common forms being mediation and arbitration. In this article, we will outline the key differences between mediation and arbitration.
December 13, 2019
Employment mediation is a process of mediation for disputes between employees and employers. What is the difference between Mediation and Employment Mediation? Mediation is a voluntary, confidential process whereby two or more parties agree to sit down and attempt to resolve their differences in an informal setting. There is no obligation to reach an agreement and sometimes, mediation can take multiple sessions to reach an agreement which may have never been achieved in a Court setting. Employment mediation is no different!
February 27, 2019
For disputes, common questions that often arise are: What is the right information to share in a mediation; and How much should I share with the other side?If a mediation is to be successful, it requires some transparency on the part of all parties. The difficulty is knowing how much information to share in a mediation, without compromising your own position. This article will briefly set out some matters to consider.In our previous article, What you need to know about confidentiality in mediation, we considered how the law protects information shared in confidence in mediation. In a mediation, you do not need to be concerned that what you say will later be used against you in court if the mediation is unsuccessful. However, you still need to think about what information to share in a mediation from a strategic point of view.
September 21, 2018
How do you ensure the settlement agreement is binding? If you find yourself in a dispute and have just completed a mediation with the other side, after hours of discussion, you have managed to reach an agreement. It is not everything you wanted, but you believe the outcome is workable and better than going to court. What next?
February 15, 2018
Prior to commencing court proceedings, a dispute should be mediated if at all possible, in order to save significant expense and worry. Even if you do commence legal proceedings, a Court will require you to attempt to resolve the dispute at mediation before proceeding to a final hearing.
October 3, 2017
Most people are simply not aware of the various benefits mediation can provide, over and above contested court or tribunal proceedings. We have put together the following list to help clarify and explain these benefits.
March 24, 2017
Are you looking to be prepared before your first mediation session? The following tips will ensure that you know what to expect from, and are well prepared for, your first mediation.