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Settlement Agreement: How to ensure it is Binding

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?

Information to Share in a Mediation

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.

Can the contracts I use in my business provide for a way of resolving disputes without going to Court?

April 18, 2014

Yes, it is possible for business contracts to include a clause which requires all disputes to be resolved by arbitration. This is becoming increasingly popular. You can save thousands of dollars, as well as many days of valuable time, by using arbitration instead of going to Court. Arbitration involves both parties to the dispute appointing an independent arbitrator to decide the outcome.

Does it matter which Court I institute proceedings in?

January 18, 2017

The Magistrates', County and Supreme Courts each have different procedures and it is important to think about which Court will be best suited to deal with the particular type of claim you are making. Most claims for less than $100,000.00 should be brought in the Magistrates' Court.

Mediation or Court?

What is the issue? Are you in a legal dispute with someone? There’s a good chance your dispute will be resolved through a mediation with the other side. We all know the threat ‘I’ll see you at court’. While it lacks the same force, in most cases it would be more realistic to say ‘I’ll see you at mediation.’

What You Need to Know About Confidentiality in Mediation

January 18, 2017

It is important for all participants in mediation to understand how their confidential information is protected. Confidentiality is critical for any mediation to be successful because you need to be able to frankly discuss the issues without fearing that what you say could be used against you later. For this reason, there are important protections to ensure your confidential information is not used to your disadvantage.

What is "mediation"?

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.

Employment Mediation

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!

The Benefits of Mediation

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.