The Australian Small Business and Family Enterprise Ombudsman Kate Carnell is calling for an overhaul of the dispute resolution framework, saying the current court system doesn’t work for small businesses. Releasing her Access to Justice Report today, Ms Carnell said small businesses urgently need pathways to resolve their disputes quickly and cost-effectively. “Trying to resolve a dispute through the courts is just not a viable option for most small businesses,” Ms Carnell says.
Read moreMed-Arb: Is It the Wave of the Future?
The Covid-19 pandemic has caused tremendous stress to the litigation capabilities of our court system. Jury trials have been, for the most part, non-existent. Other aspects of the litigation world are now gradually emerging from their doldrums as motion practice resumes to some degree. It will be sometime before the court systems throughout the country are able to handle the pent-up litigation that exists. In the meantime, those of us committed to the world of Alternate Dispute Resolution (“ADR”) are beginning to see a huge influx of ADR requests as disputants, unable to gain traction with litigation, opt instead for ADR. It is more than likely that this trend will continue.
Read moreInternational arbitration – which system of law applies?
A recent Supreme Court ruling clarifies how to determine which country’s legal system should apply to an arbitration under an international construction contract
International construction contracts commonly provide for arbitration as the dispute resolution mechanism. Arbitration is perceived as potentially allowing for a tribunal with more industry expertise (and potentially more independence) than the local courts.
Read moreDispute Boards: An Approach to the Efficient Resolution of Disputes in the Construction Sector
Imagine a complicated engineering and construction project that has lasted years and has already cost hundreds of millions of dollars. During the project, the contractor submitted dozens of claims for additional time and money – all of which the project’s owner has rejected. Amid mounting costs, claims from various subcontractors and suppliers boiling to the surface, and the threat of liquidated damages or even termination of the project, the contractor proceeds without receiving any relief from the owner. Although the parties have tried to resolve their disputes through negotiation and even mediation, they have not been able to reach an acceptable settlement. The contractor says it has incurred significant costs to perform the work and feels it is essentially funding the owner’s changes to the project. The owner, however, says the disputed issues are the contractor’s, not the owner’s risk. Accordingly, without a dispute resolution mechanism in place to resolve these disputes in real time, the costs continue to mount, and the prospect of a lengthy, expensive, and protracted arbitration or litigation looms.
Read moreLeader's Digest: Words and Feelings
Stop listening to what employees are saying and instead be more aware of your employees’ feelings. In Rule #1 we talked about emotional intelligence. One of the five components of emotional intelligence is empathy. I remember back when I was a member of the workforce, there were times when leaders did not listen to my ideas, or I didn’t have the right equipment to do my job. I remember what it was like to have poor leadership and thinking that when my time to be a leader came, I would do a better job. In reality, I didn’t start out doing a better job than the poor managers I’d remembered from my past. I was worse!
Read moreToday’s Business: Refining the process of alternative dispute resolution during a pandemic
With the COVID-19 pandemic, the world has changed, and the Alternative Dispute Resolution process along with it. Over the last decade, ADR, including nonbinding mediation and arbitration, has been in increased demand among business litigants. Today, these sessions have gone “virtual.”Under non-binding mediation, a “neutral” individual facilitates a negotiation between the parties to reach a compromise. The matter can only settle if the parties agree to terms, meaning either party can walk away if it is not satisfied with a proposed outcome. Arbitration, by contrast, is a private trial before an arbitrator who sits as a judge. In most arbitration, the arbitrator, often selected by agreement of the parties, hears testimony, receives documentary evidence and issues a binding, written opinion. Unless an arbitrator exceeds his or her authority, or issues a decision that is arbitrary or capricious, the decision will not be overturned by the courts.
Read moreUN Women: Teach youth positive conflict resolution to stop violence in relationships early
Representative for the United Nations (UN) Women Multi-Country Office in the Caribbean Toni Brodber said teaching youth positive conflict resolution techniques can help prevent violence in relationships before they begin.
Brodber was the latest in a line of speakers participating in the virtual 16 Days of Activism against Gender-Based Violence series on Friday. The series is a collaboration between the Office of the Prime Minister (OPM) and UN Women.
Read more'A great victory for common sense' - UK Supreme Court defends impartiality of arbitrators
London arbitrators breathe sigh of relief after court dismisses Halliburton's appeal in Chubb v Halliburton
The UK Supreme Court has ruled in significant litigation concerning the impartiality of arbitrators, and their duties of disclosure and confidentiality, with Chubb’s lead lawyer, Clyde & Co chairman Michael Payton QC, calling the result “a great victory for common sense”.
Read moreWhy you SHOULD welcome conflict in the workplace
Is it possible to have a harmonious office free of conflict? When you have a group of individuals, conflict is inevitable. Disagreements usually come about from a clash of personalities or when ideas or opinions don’t match. And an office that doesn’t tackle conflict head-on will have unresolved resentment and frustrations under the surface. Ignoring these won’t make them go away: instead they will manifest themselves in other, more significant, problems.
Read more5 tips for effective, productive discussions at work
In any workplace there will be disagreements between colleagues. After all, everyone has their own personal and professional background, favoured practices and experiences.
But how do you manage the discussion when it starts getting more heated? Follow these tips on how to hold a discussion effectively and productively to ensure it is a win for both sides.
Read more4 Ways Gender Dynamics Affect Intercultural Conflict in the Workplace
In this age of globalisation, widespread diversity in the workforce has given rise to regular intercultural interactions. On paper, the notion of people from different cultures working together ought to facilitate diverse ideas and perspectives, allowing for these ideas and perspectives to spark off one another and generate innovation. The fact is, though, that the creative potential of intercultural interaction is not always realised.
Read morePhilly Council committee votes to extend landlord-tenant mediation mandate
A Philadelphia mandate requiring landlords to mediate conflicts with renters before filing for eviction is on track to be extended through March 2021.
City Council’s Committee on Housing, Neighborhood Development, and The Homeless on Wednesday voted to extend the mediation-based eviction diversion program, supporting the continuation of a program designed to prevent displacement while keeping landlords whole.
The legislation originally sunset the program at the end of 2020. The bill will now advance to the full council for a final vote on Dec.10.
Read moreAll You Need To Know About Pre-Packaged Corporate Resolution
The Ministry of Corporate Affairs (MCA) is reportedly working out a draft scheme on "pre-packaged" resolution for corporate entities in coordination with the Insolvency and Bankruptcy Board of India (IBBI).
It is a newer method of corporate resolution that involves an agreement between the company, its creditors and prospective buyers before the initiation of insolvency proceedings. Let's take you through its finer points, shall we?
Read moreMediation + personal injury: what to expect
If you’ve been in a personal injury accident, mediation may offer a more cost-efficient, speedy and generally less stressful resolution to your case. CCHA is here to help prepare you for what to expect and how to get the most out of your mediation experience.
In mediation, the parties involved in a dispute are guided by a trained, neutral third party (the mediator), to help find a mutually-satisfying solution to the conflict at hand. Mediation is largely voluntary, until a dispute becomes a personal injury lawsuit; both parties must request it and a dispute settlement is only reached if and when both sides are in agreement.
Read moreDOJ frowns on settling disputes on live TV
The Justice department through the Office of the Alternative Dispute Resolution on Wednesday cautioned warring parties against the settlement of their disputes through live television programs.
OADR Executive Director Irene Alogoc said confidentiality in settling issues out of court was necessary.
“I think we would not recommend such television programs because our number one consideration if you go to ADR is the confidentiality of it all,” Alogoc said during the virtual press conference for the coming first-ever national alternative dispute resolution convention scheduled on Dec. 2 to 4.
Read moreThe law governing the arbitration agreement: Why we need it and how to deal with it
International arbitration constantly relies on choice-of-law rules to determine which law should apply to which aspect of the dispute. There are usually more than one national system of law bearing upon an arbitration proceeding and sometimes tribunals invest too much time determining which one is to apply to a precise matter.
Read moreAs tenants suffer in Pandemic, the Quebec government must take action to control rent
The Rental Board, now called the Tribunal administrative du logement (TAL), turned 40 years old this October. The TAL, first created to arbitrate the imbalance in power between tenants and landlords, continues to fail in its duties to protect tenants and the rental housing market. The historical dysfunction of Quebec’s housing tribunal only becomes more concerning as tenants face an unprecedented crisis, brought on by a global pandemic, a lack of social housing, and out-of-control rents in the private market.
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 moreWhat happens if the Respondent doesn't participate in the adjudication?
There are very few, if any, reasons why a Respondent should refuse to participate in proceedings.
The most common basis for a Respondent's failure to participate in an adjudication is that it considers the adjudicator does not have jurisdiction to decide the dispute. In these circumstances the Respondent should state their position, and explain the grounds of any jurisdictional challenge in correspondence. If the Respondent's position is properly reserved and it then withdraws from the adjudication, it may raise its jurisdictional arguments in enforcement proceedings.
Read moreDisclosure, Arbitration and Litigation
As many licensees know, the Minnesota Department of Commerce requires every licensee take a specific class each licensing year. This year (remember that the license year runs July 1 to June 30), the required module will be about disclosures.
It may seem to some that it is a deep topic while others believe it to be topical. There are so many things that are required to be disclosed by real estate agents (brokers and salespeople). From first substantive contact, to scheduling showings, to writing the offer and closing the sale, there are multiple items needing disclosure.
Some will say that the class may be redundant and repetitive. (That comes from our Department of Repetition and Redundancy Department). Yet, when reviewing the violations on the Minnesota Department of Commerce’s website, it appears that the common thread throughout the violations is a lack of disclosure.
At Minnesota Realty School, we always encourage our students that there is no such thing as over-disclosure. An agent should play their cards with all the cards showing and facing up. A consumer’s faith should never be tested and by disclosing things – from beginning to end – reassures the consumer that their agent is being thorough, honest, and faithful.
When a consumer suspects something is amiss, the concern typically surrounds “they are withholding something”. The “they” referenced could be sellers, landlords, property owners, agents, tenants and/or buyers. Once the seed of doubt is planted, it can grow quickly into an ugly weed. As such, by disclosing fees, material facts, relationships, a consumer can move forward with comfort and confidence.
An issue that always garners discussion in classes covers the material fact disclosures. Even though these seller disclosure requirements have been around since 2001, there is confusion of responsibility of disclosure and what should and should not be disclosed. With ever changing laws, it is no wonder uncertainty exists.
This new course will provide in depth details on numerous real estate licensee disclosure requirement issues. Curriculum also includes the proper disclosures required by sellers, including selling property “as is” and the liability sellers can incur for non-compliance. When you attend this course, an attendee will receive detailed information on real estate licensee disclosure requirements. We also will review seller material fact disclosure requirements including waiver conditions and cautions. In addition, attendees will become informed on special disclosure requirements such as environmental, predatory offender and other disclosure considerations and learn disclosure rules related to special statutory disclosure items.
This is the only course a licensee must attend between now and June 2021. With the pandemic happening, your choices may be limited to an online event which is either recorded or live. You will earn 3.75 hours of continuing education. This class also fulfills the 1-hour broker module.
With the winter months approaching and business possibly slowing down, consider taking your credits early.
Stay well, be safe and may health follow you wherever you go.