Not all matters will be appropriate for mediation. There are situations in which mediation is likely to fail: When parties let their egos control. When there is a misunderstanding of the facts. When there is a misunderstanding of the law. There is no incentive for settlement. When parties do not respect the process ...
Help your Mediator to help you and your client The relationship between the mediator and the parties must be clearly defined and be based in trust. Before a mediator is selected to host mediation, the parties should agree on what type of mediation they would like to engage in and who is the best mediator for that goal ...
Define the terms of fair Approaching mediation or negotiations requires that the parties agree on what criteria to use to determine what is a fair agreement. Determining these criteria before engaging in negotiations will help parties to articulate the basis for their positions. It can also help to ease tensions and rationalize the process. The criteria must be objective, legitimate and practical. Complicated formulas or unreasonable positions will complicate the discussion ...
Work with the People to Solve the Problem When approaching mediation, parties need to work together to tackle the problem, not each other. The goal is to be soft on the people and hard on the problem. Failing to interact with the other party sensitively, can be catastrophic to building or maintaining a working relationship. Knowing the other side personally helps to build cordiality. Find ways to meet them informally before the negotiation, arrive early to chat or linger afterwards ...
Stay focused on the interest, not on your position. Define the problem; you decide on your position. For every interest there usually exist several possible satisfying solutions to adequately address those interests. Remember that behind opposed positions lie shared and often compatible interests ...
In order to accomplish this important task, the following are steps to follow: A. Make a list of other sides’ interest. It will help your remember them and stimulate ideas for how to meet such needs B. Communicate your interests when they are in conflict. Help the other side to see just how important and legitimate your interests are. Be specific and objective. Convince them they would feel the same in your shoes and recognize how you might feel in their shoes ...
To achieve this step in the process, set aside time to create a wide range of solutions that advance shared interest. This can be done before and during your negotiation or mediation. There are 4 major obstacles which inhibit consideration of options: Premature judgment Hinders imagination and possibilities ...
We often hear it said that neither party is happy with a settlement. If parties strive for a win-win approach, it is possible for both to find the settlement to be a win. To do this, give them a stake in the outcome by making sure they participate in the process. Remember an Agreement is easier if both sides feel they contributed to the solution ...
It often happens that one party appears to have greater bargaining power than the other. They may be bigger, have more money, have a history of fighting and you may feel overwhelmed. How to handle an imbalance in power in negotiations is an important consideration in taking control and working toward a resolution. Factors to evaluate are: Best Alternative to a Negotiated Agreement (BANTA) ...
Earlier this year, H.H. Sheikh Mohammed Bin Rashid Al Maktoum, the Ruler of Dubai, issued Decree No. 28 of 2018 concerning the Acceptance of the Civil Petitions before Dubai Courts (the Decree). The Decree was issued by His Highness to address the procedures in filing appeals to the Court of Cassation. The Court of Cassation is the highest court in Dubai. Article No. 173 of Federal Law No ...
Not-for-profit Reforesting Scotland’s "Thousand Huts" campaign has spearheaded the regrowth of the hutting community, previously almost entirely eradicated by increasingly strict building regulations. The new Building (Miscellaneous Amendments) (Scotland) Regulations 2017 sets out the framework for ecologically sustainable hut development. What is a Hut? A hut must be a single storey building used as recreational accommodation ...
The beginning of 2018 has brought certain amendments in the field of construction and infrastructure projects in Romania, by means of a new enactment which shivered the contractors' professional life who were used to the FIDIC provisions until this moment. The Government Decision no. 1/10.01.2018 (the “GD no ...
Lawyers are often criticised for using overly complex legal and technical wording in contracts. The purpose of a contract is, amongst other things, to clearly set out the rights and obligations of the contracting parties, and to limit uncertainty during the particular project. To this end, it is important to use plain English in contract drafting and as a general rule, to use short sentences, defined terms and a clear and logical structure ...
Months into the United States’ trade dispute with China, and there is no end in sight to the dispute. There are three significant deadlines for U.S. importers to consider involving the tariffs the U.S ...
In EEOC v. BNSF Ry. Co., Case No. 16-35457 (9th Cir. Aug. 29, 2018), the Ninth Circuit held that an employer violates the Americans With Disabilities Act of 1990 ("ADA") by demanding that a job applicant with a perceived disability pay the cost of medical testing prior to being deemed eligible for employment. The employer offered an applicant a job as a Senior Patrol Officer on the condition that he satisfactorily complete a medical review ...
Earlier this year, in Kim v. Toyota Motor Corp., the California Supreme Court delivered a significant win to product manufacturers concerning the admissibility of industry custom and practice evidence in a strict product liability design defect action. Haynes and Boone, LLP Partner M.C ...
As a business owner in the Pacific Northwest, you likely have heard of the changes to California’s regulations regarding warning labels on consumer products, Proposition 65, which takes effect August 30, 2018. Your business may be affected by the changes if your business conducts any consumer product-related business in California ...
In the recent budget exercise completed by the Bahamas Government, certain significant changes to the regime for Real Property Tax in The Bahamas were announced and have received a great deal of focus.It is important to take specific advice regarding the annual real property taxes which may be payable in respect of your property, how and when taxes should be paid, and the exemptions (if any) which might be available to you in respect of your property ...
The new MIACThe London Centre for International Arbitration (the “LCIA”) and the Government of Mauritius have come to a mutual agreement to terminate the joint venture that had led to the establishment of the LCIA-MIAC Arbitration Centre in Mauritius in 2011. The effective date of termination was 27 July 2018. The Mauritius International Arbitration Centre (the “MIAC”) will thereafter commence operations as an independent arbitration centre ...
The Industrial Court is a creature of statute. In determining a particular dispute, the Industrial Court must act in accordance with the purposes and express provisions of the Industrial Relations Act 1967 (“Act”). The Court must also act according to “equity, good conscience and the substantial merits of the case without regard to technicalities and legal form” [1] ...
Register your property Online.Registering for an online real property tax account at propertytax.gov.bs is easy, and all that is needed is the property assessment and grid numbers (found on any bill or tax certificate). Once registered, the online account is a convenient way of keeping track of your account. Payment can also be made through the online account, and a tax certificate can be printed directly from the account.Pay the tax by 31st March and enjoy a 10% reduction ...
In North Midland Building Ltd v Cyden Homes Ltd, the Court of Appeal held that an express contractual term allowing an employer to levy liquidated damages for periods of concurrent delay took precedence over a common law principle known as the prevention principle. Background Cyden Homes Limited (CH) employed a contractor, North Midland Building Limited (NMB), to design and build a large house in the Midlands, under a JCT Design and Build construction contract ...
View the PDF version of the August 2018 IP Beacon. Squarely Decided: The Fifth Circuit Sides with Spongebob On May 22, 2018, inViacom Int’l, Inc. v. IJR Captial Invs., LLC, 242 F. Supp.3d 563 (2017), the Fifth Circuit Court of Appeals upheld summary judgment in favor of Viacom International Inc. (Viacom) on its trademark infringement and unfair competition claims against IJR Capital Investments, LLC (IJR) ...
