Alternative dispute resolution has become a popular way to identify the root cause of a problem and to build a solution strategy – both in and out of the business world. In some environments this is accomplished by a mediator or arbitrator. Mediators act as...
How successful is mediation? In a word – very. Most mediation provider bodies that have conducted research on the success ratio of mediation quote an approximately 80% chance of success. The reason for this is that when parties are in a situation where they all feel...
Conflicts and disputes are a matter of managing deep human psychology, human values and other human circumstances and behavior in our social, political, commercial and family situations....
The timing of negotiations is often critical to their success. Conflict scholars and negotiators often use the concept of “ripeness,” comparing negotiation to fruit. If a fruit is picked too early, it will not be ready for eating; however, if it is picked to late,...
If a case is decided after fifteen years, of victim compensation in an accident? if a case of property is decided after the death of the plaintiff? What is the value or use of such a decision? What is the use of the money received...
The concept of ‘shareholder value’ takes on many forms, including measuring return on financial investment; managing the conflicting interests of stakeholders as employees, shareholders, communities, regulators; setting and enforcing ethical business practices; setting and enforcing sustainable business practices; and ensuring the continued value of the...
Although one has been injured by the conduct of another and it is tempting to make it as difficult for them as it possible, and that is possible to protract a case on the theory that it is harming the other party, it is also...
The Seat of Arbitration, The hearing Venue, The pool of skilled and reputed Arbitrators and other DR expert Neutrals, the integrated, inclusive hybrid approach, the back ofce case management process and the Institution that brings it all together with a strong set of dynamic rules...
One of the hardest parts of many mediation processes is just getting people to agree to participate. As is explained in more detail in the section on Limits to Agreement: Better Alternatives people are unlikely to be willing to negotiate if they think they can...
MANAGEMENT AND GOVERNANCE ISSUES THAT NEED A CEO'S OR BOARD'S ATTENTION. Why do we fail to incorporate dispute resolution clauses in our commercial contracts? Why does legal counsel fall short of elaborating this most important aspect of a transaction in the contracts?...