When people interact and work together within the same work environment, conflict is bound to arise. Even after thoroughly screening and interviewing applicants, frictions and disagreements are inevitable when the recruits start working together. Workplace conflict can happen in various ways. It could be between two team members, among the whole workforce, between team leaders and team members, and between managers. Although identifying and resolving workplace conflict can be tough, it can provide meaningful learning and growth opportunities to the involved parties. Plus, having a positive working environment with no conflict improves employee engagement, retention rates and your employer brand.
Read moreHow to write damages into a settlement agreement in case of repeated infringement
Aside from securing damages from the infringer in a time-efficient manner, rights holders can leverage a settlement agreement to curb repeated infringement, provided that a considerable amount of damages can be written into the agreement as an insurance policy in case of repeated infringement. In some cases, courts will validate damages clauses provided that infringement is established.
Read moreParsing the Sometimes Fine Distinction Between a Broad and a Narrow Arbitration Clause
In an employment dispute, the District Court of Connecticut dissected an arbitration clause to determine whether its scope was “broad,” resulting in a presumption of arbitrability of collateral issues, or “narrow,” in which case collateral issues would generally not be subject to arbitration. The court ultimately found the clause at issue to be “broad,” but the question was close, as demonstrated by the court’s recognition that “reasonably similar” clauses had been deemed “narrow” by other courts within the Second Circuit.
Read moreThe 3 Contract Clauses You Need to Review Before the End of the Year
Being a small business owner means taking on several jobs at once by being your own chief executive, accountant, human resources manager and even lawyer.
That can lead to shortcuts, as entrepreneurs focus on their strengths and make do in the areas where they aren’t as knowledgeable.
As a business contract lawyer, I’ve seen the results of some of these quick fixes, as small business owners reuse boilerplate contracts year after year, even as their business grows and legal precedents change.
Read moreU.K. Supreme Court Confirms That Arbitrators Are Under a Legal Duty to Disclose Matters Which Would or Might Create an Appearance of Bias
In a landmark decision handed down on November 27, 2020, the U.K. Supreme Court has confirmed that the English law of arbitration imposes a duty on arbitrators to disclose matters which would or might lead to the conclusion that there is a real possibility that they are biased. This welcome development in English law reinforces the integrity and reputation of English-seated arbitration, and is consistent with best practice seen in the International Bar Association (IBA) Guidelines on Conflict of Interest and leading institutional rules.
Read moreGovernment releases draft amendments to the Franchising Code
Recently, the Federal Government released its exposure draft amendments to the Franchising Code of Conduct (Code).
The amendments to the Code are a response to the findings made by the Parliamentary Joint Committee in its Fairness in Franchising Report and the subsequent commitments made by the Government.
While the amendments are still in draft form, the major proposed changes to the Code include the following:
Read moreLandlords call for dispute resolution service to speed up evictions
Landlords are lobbying the government to introduce a new conciliation service to help resolve eviction disputes before they reach court.
The National Residential Landlords’ Association would like ministers to introduce a publicly-funded scheme similar to the employment dispute resolution service ACAS, as part of the Renters’ Reform Bill.
The aim would be to reduce the costs and stress involved in formal court proceedings.
Read moreInterpretation and Enforcement of Parallel Arbitration Clauses
The Hon’ble Supreme Court of India (“SC”/“Apex Court”) in one of its most recent judgment laid down the law on interpretation and enforcement of parallel arbitration clauses. In the case of Balasore Alloys Ltd. Vs Medima LLC[1] decided on 16.09.2020, the Apex Court held that in such a situation, principle of harmony and reconciliation should be used as to determine as to which of the clauses would be relevant. In this case, the SC was faced with a situation where there were following two arbitration clauses:
Read moreThe 3 Contract Clauses You Need to Review Before the End of the Year
Being a small business owner means taking on several jobs at once by being your own chief executive, accountant, human resources manager and even lawyer. That can lead to shortcuts, as entrepreneurs focus on their strengths and make do in the areas where they aren’t as knowledgeable. As a business contract lawyer, I’ve seen the results of some of these quick fixes, as small business owners reuse boilerplate contracts year after year, even as their business grows and legal precedents change.
Read moreNew Mexico Courts Expand Online Dispute Resolution To Landlord-Tenant Disputes Over Money Due
New Mexico courts are expanding a free Online Dispute Resolution (ODR) service to money due disputes in landlord-tenant cases, adding features such as text capabilities to make it more convenient for parties and mediators to use, and requiring plaintiff participation. Starting Dec. 14, a new version of ODR will be available for resolving debt and money due lawsuits and landlord-tenant disputes, such as when a residential or commercial property owner seeks to recover unpaid rent. Cases seeking evictions will continue to be handled in court, not through ODR.
Read moreBREXIT & ALTERNATIVE DISPUTE RESOLUTION
Laws around confidentiality, enforceability and limitation periods in mediation agreements will be affected when the Brexit transition period ends this month, the Law Society has warned practitioners.
Read moreArbitral rules - The season of change continues: ICC Arbitration Update
On 1 December 2020, the ICC International Court of Arbitration launched its revised ICC Arbitration Rules (the “Rules”), which will apply to arbitrations submitted to the ICC Court from 1 January 2021. Although the revised Rules do not represent wholesale change, the Rules do aim to provide for greater efficiency, flexibility and transparency in arbitrations conducted under the Rules. Some of the themes are also present in the updated LCIA Rules 2020 and in the forthcoming updated Rules anticipated from the Singapore International Arbitration Centre (“SIAC”).
Read moreArbitration Agreements in Privacy Disputes: The Wyze Decision and the CCPA
Earlier this year, a number of individuals brought a lawsuit in the United States District Court for the Western District of Washington against Washington-based company Wyze Labs, Inc (Wyze), which manufactures “smart” home cameras and security equipment. See In re: Wyze Data Incident Litigation, Case No. C20-0282-JCC (W.D. Wa. 2020). The lawsuit – which centered around a 2019 data breach incident – alleged that Wyze failed to comply with Federal Trade Commission requirements for safeguarding users’ personal information.
Read more5 Conflict resolution skills couples should learn for a happy and healthy relationship
Conflicts and fighting are very common in every relationship but it definitely doesn’t end the bonding. Couples should always try to resolve these mere things and give it a fresh start for happiness. Hence, they need the right conflict resolution skill.
Read moreWhen Is Mediation Necessary In Personal Injury?
When thinking of a lawsuit, we think “courtroom” and “judge”. However, there can be downsides of cases rushing straight to court or trial. Usually, going to trial is not the first method of litigation, according to Personal Injury experts. Lawyers with more experience have clients in mind, not the idea of pursuing unnecessarily long litigation. This is why Mediation exists. Mediation can resolve some cases more efficiently than if the case goes to trial.
Read moreWhy You Should Consider Opting for Arbitration During the Coronavirus Pandemic
In the beginning, the pandemic shut down courts except for emergency matters. Over time, courts resumed operations, albeit with various safety protocols in place and criminal matters taking precedence.
Eight months into the pandemic, courts are struggling with a backlog of civil cases. For some courts, the backlog may have existed before COVID-19 but has only worsened due to the pandemic.
Read moreOutdated court system doesn’t work for small businesses, says ASBFEO
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.
In the newly released Access to Justice Report, Ms Carnell said small businesses urgently need pathways to resolve their disputes quickly and cost-effectively or they would be hampered by inefficient processes through the courts.
Read moreManaging emotions key to solving conflict
Workplace conflict has been making the news a lot lately.
We have seen ructions among councillors at the Dunedin City Council resulting in a code of conduct hearing and, in other local government news, Tauranga Mayor Tenby Powell has resigned amid ongoing discord and governance challenges at that city’s council.
Read more8 Soft Skills That Make You an Even Better Leader
Claude Silver, Chief Heart Officer of VaynerMedia, recently shared a quote on her Instagram page that caught my attention: “People skills, EQ, ‘soft’ skills, HUMAN skills – these are our anchors. They ground us, remind us that we are real. Without these we fly away.” Businesses tend to overlook soft skills and focus on hard skills. When LinkedIn released their list of most in-demand hard and soft skills of 2020 earlier this year, unsurprisingly, the hard skills were dominated by computer skills. With the pandemic hitting the world back in March and the forced shift from brick-and-mortar to work-at-home that trend will only accelerate.
Read moreThe Difference between Divorce Mediation and Divorce Litigation
One of the foremost stressors of a lifetime is going through a divorce. Conflicts over the division of property, finances, and parenting arrangements can rapidly escalate. However, it doesn’t have to be that way.
Primarily, each person chooses between divorce mediation and divorce litigation. Knowing the difference between the two choices paves the way to an efficient and effective conclusion. At Stevens Law offices, we offer both and are here to clarify the options.
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