Where resolution is always the ultimate goal, mediation serves a vital purpose as a vehicle for exploring settlement in high stakes litigation where unnecessary and protracted litigation costs may be avoided by all parties. At times, the only consistent factor in all of these matters is the complete unpredictability of what is possible at mediation.
Read moreTime for actions not words
With global attitudes to race under scrutiny like never before, a practitioner, an academic and the director general of an arbitral institution look at how to improve ethnic diversity in arbitration.
The death of George Floyd in May and subsequent Black Lives Matter protests brought race to the forefront in all walks of life and in the intervening months, lawyers around the world have spoken out about discrimination and the lack of representation in the profession.
Read moreVirtual Mediations Are Fairly Effective
As numerous people within the legal profession know from firsthand experience, many court conferences, depositions, and mediations have been occurring remotely because of the COVID-19 pandemic. I have attended court conferences and depositions virtually throughout my career, since clients sometimes do not wish to pay travel time for such proceedings, and courts often permitted counsel to appear by remote means before the pandemic. However, I never participated in a virtual mediation prior to the pandemic, and I was extremely skeptical that they could be effective. Nevertheless, recent experiences have shown me that virtual mediations can be fruitful in the right circumstances.
Read moreWhy Alternative Dispute Resolution Is Useful For Business Conflicts
Vice President Yemi Osinbajo has said the current administration is promoting the adoption of Alternative Dispute Resolution (ADR) and creating the necessary infrastructure to enhance speedy resolution of business related disputes.
Read moreGovt pushes for dispute resolution panel to resolve oil, gas wrangles
New Delhi, Nov 15 (PTI) With an overhang of disputes choking investments in the oil and gas sector, the government is pushing for contractual wrangles being sent to an expert committee for time-bound resolution but the move has found few takers due to inherent conflict of interest in such a process, sources said.
Read moreNova Scotia’s eCourt platform is first online judicial dispute resolution service in Canada
Nova Scotia’s eCourt recently launched online dispute resolution pilot program enables counsel for both parties and the judge to communicate in real time.
The pilot program, which went live in July, aims to allow those with simple family legal issues, such as divorce, child custody, spousal support or child support, to more simply, safely, easily and affordably access the courts to resolve these matters, stated the news release from the Nova Scotia government.
Read moreSuccessfully arbitrating disputes
While the UAE provides some of the best and the most lucrative business opportunities to entrepreneurs all over the world, such opportunities come with their own set of disputes between employees, competitors and other corporate entities. Usually, mediation and negotiation techniques help in such matters. However, in disputes where mediation and negotiation techniques do not work, arbitration is often the most effective option being one of the less expensive ways to settle a dispute between parties.
Read moreCommercial Contracts and ADR Clauses - Who said they were optional?
Most Commercial Contracts will have an ADR (Alternative Dispute Resolution) clause that requires the parties to engage in non-Court methods to resolve a dispute rather than launching straight into Court action.
The Courts have been taking a more robust approach in making it clear to parties that such clauses should be followed and are not optional.
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