This year, instead of counter-arguing or trying to change someone’s opinion, we should try listening to understand and ask questions. What experiences has this person had to lead them to believe what they do? What is important to this person about this issue? Too often, we focus on the things that divide us. In 2021, let us focus on the things we have in common: A desire to return to some form of normalcy, the ability to safely gather with friends and family, and the desire to be heard and understood.
Read moreTenants and landlords in Spokane County can access a mediator and rental assistance before the eviction moratorium ends
The end of 2020 is looming as the end of forgiveness for tenants who owe back rent to landlords, and court officials are pushing mediation to avoid a litigation logjam.
Spokane is one of six counties statewide that are part of a pilot program intended to get tenants and landlords to start talking about possible solutions to unpaid rent during eviction moratorium expiring Dec. 31. Two firms in Spokane County have received federal assistance funds to promote mediation for the estimated hundreds of renters who might otherwise be taken to court due to unpaid rent.
Read moreSwitzerland: Revisions Of The Swiss International Arbitration Law
The International Arbitration Law of Switzerland is regulated under Chapter 12 of the Private International Law Act of 1987 ("PILA"). On 19 June 2020, the Swiss Parliament approved revisions to the PILA, which is expected to enter into force on 1 January 2021.1 The purpose of the revisions is to reflect the Swiss Federal Supreme Court's decisions, and to modernize and clarify the wording of some of its provisions.
The PILA still maintains its well-organized and flexible nature by keeping all of its core provisions, and aims to create a more user-friendly and accessible text to non-Swiss users. This Newsletter Article will address its main revisions.
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 moreADR key to resolving int'l trade disputes? Experts believe so
Alternative dispute resolution (ADR) methods may just be the answer to resolving disputes between the parties contracting under letters of credit (LC) in international trade deals, especially during the economic fallout of the Covid-19 pandemic.
Importers and exporters normally require intermediaries such as banks or alternative financiers to guarantee payment and the delivery of goods.
Read morehttp://www.lastbarrier.com/conflict-management/
It has become increasingly apparent that mental health is becoming a bigger player in the story of our working lives. After decades in a purely non-speaking part – one of those characters who move their lips in the background and form part of the ‘rent a crowd’ – workplace mental health is finally being given the chance to be heard and influence the plot.
Read moreStrategy for settlement negotiation in IP infringement cases
After discovery of infringement, intellectual property (IP) right holders filing administrative complaint, civil litigation, or taking other right-defending measures usually intend to ask the infringing party to cease infringement and compensate for their losses. Apart from pursuing the case through regular legal proceedings, right holders also have another option: Negotiate with the infringing party for a settlement.
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 moreConflict Management
Workplace conflict is inevitable when employees of various backgrounds and different work styles are brought together for a shared business purpose. Conflict can—and should—be managed and resolved.
Conflict management is the process for handling disputes and disagreements between two or multiple parties. The goal of this system is to minimize the negative factors that are influencing the conflict and encourage all participants to come to an agreement. Successful conflict management results in a mutually beneficial outcome that’s agreed upon by each party.
Read moreArbitrator rules against CPS in labor dispute with CTU
An arbitrator issued Thursday a final ruling ordering Chicago Public Schools to allow clerks, clerk assistants and technology coordinators to work remotely while cases of the COVID-19 pandemic continue to increase throughout the city.
Read moreNewly Revised ICC Arbitration Rules
On October 6, 2020, the Executive Board of the International Chamber of Commerce (ICC) approved the revised ICC Rules of Arbitration (the “2021 ICC Rules”), which will replace the ICC Rules issued in March 2017. The 2021 ICC Rules will enter into force on January 1, 2021 and will define and regulate the management of cases submitted to the ICC International Court of Arbitration (the “ICC Court”) from that date. The 2017 ICC Rules will continue to apply for all cases registered with the ICC Court before January 1, 2021.
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 moreEffects of Body Language in Negotiations
Charlie Chaplin was one of the most successful actors and a pioneer of non-verbal communication. He used body language to connect with his audience. During negotiations, a negotiator constantly questions what expressions, gestures or posture to use next, which will result in giving a positive impression to the opposite negotiator. The body constantly gives signals consciously or unconsciously; it cannot be turned off or resisted. A negotiator should see the hidden intention behind the words through verbal communication and understand the deception or honest opinion through non-verbal communication. To understand and interpret the non-verbal communication correctly and to the benefit of the negotiator, proper training will help the negotiator slowly improve such skills. This will help the negotiator to communicate effectively and efficiently
Read moreGov't looking to strengthen use of mediation and restorative justice
KINGSTON, Jamaica - Justice Minister Delroy Chuck says the Government is looking to strengthen the use of mediation and restorative justice to settle minor and in some cases complex matters without going to court.
Work is underway to draft the Mediation Act as well as update the Restorative Justice Act.
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 moreLow-Cost Divorce is Possible. Here’s How to Keep Costs Down
If you’re getting divorced, you’ve been through enough. The last thing you need now is a $13,000 bill.
The average divorce in the United States costs a whopping $12,900, and many cost tens of thousands more than that.
But divorce doesn’t have to be financially ruinous. A low-cost divorce is possible. We spoke with divorce attorneys who shared their advice on keeping the price tag down.
Read moreTop 14 HR Challenges for Small Businesses
To keep your small business running smoothly, you must be capable of handling the inevitable HR challenges that are sure to arise. Here are the top HR issues and how to resolve them.
Read moreTop 3 Misconceptions Attorneys Have About Virtual Mediation
Although largely unknown to the average litigant, alternative dispute resolution providers across the country have offered virtual mediation services for upwards of a decade. The sudden increase in the popularity of these virtual services is, of course, due to COVID-19. The pandemic’s restrictions on travel and in-person gatherings have brought virtual mediation to the forefront of litigation.
Read moreFour Ways to Settle Construction Disputes
It’s unlikely to be in the construction industry for very long and not run into a dispute. Disagreements between the parties — owners and contractors, contractors and subcontractors, subcontractors and supply houses — can crop up when one party fails to meet its obligations, contractual or otherwise. Sometimes these controversies result from a clear breach of a contract provision; other times they are simply the consequence of a party’s reaction to or disregard of a particular issue.
Read moreArbitration by Videoconference: Not as Scary as You Think
I have heard from many lawyers who have reluctantly adapted to virtual mediations that even though Zoom and other platforms work well for mediations, they do not work so well for arbitrations. These lawyers have asked that I postpone their arbitrations until the pandemic is over and we can arbitrate in person. My response is always the same: Tell me the date when the pandemic will be over, and we will arbitrate then. Of course, no one knows when that will be, and cases cannot sit idle forever. Slowly, and with a push from arbitrators, most lawyers have come to the realization that there is currently no alternative to arbitration by videoconference.
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