One often hears the term “mediation” in connection with resolution of disputes which have already become lawsuits, and, occasionally, before those lawsuits are filed. Mediation is a process by which a neutral third party called a...
When a dispute is truly ripe for mediation, who you choose to mediate is unlikely to affect the outcome. When both parties go into the mediation willing to compromise and expecting to settle, any competent mediator can help them reach agreement. Frequently, however, who you...
In Europe, commercial mediation is on the constant rise, but the business community is still largely unaware of its benefits or even its attributes. In the United Kingdom, civil commercial mediation has experienced substantial growth since the Woolf Reforms, but it is still more often...
A good lawyer should be: not someone who encourages clients to start law suits and who feeds on conflict, but someone who puts out fires and strives for consensus. The FICM ADR Lawyers are different type of lawyers, who seek consensus and start from the...
If parties overlook dispute resolution clauses when drafting complex commercial agreements, they may lack the tools to effectively protect their rights and interests in the transaction when the need arises, particularly if they need to enforce their rights across borders in one or more foreign...