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) ...
In the framework of a globalized world and social networks that are established as a measure of possible interest of economic, social and political groups, data protection regulations become more relevant ...
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 ...
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 ...
The Occupational Safety and Health Administration (“OSHA”) issued a final rule to “Improve Tracking of Workplace Injuries and Illnesses, “ which requires employers to electronically submit their injury and illness records to OSHA. Specifically, establishments with 250 or more employees must annually submit their Forms 300, 300A, and 301. And, establishments with 20 to 249 employees must annually submit their Form 300A ...
Two significant events this week raised eyebrows in the lucrative world of live sports broadcasting. Firstly, Facebook agreed an exclusive deal to show La Liga to users in Asian territories including India, Bangladesh, Sri Lanka and Pakistan. It will live stream all 380 matches this season for free to its 348 million users in the region. The move fits with Facebook's ambition to grow use of its social networking platform outside markets that have reached saturation ...
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 global healthcare deal frenzy is set to continue for at least another 18 months as technology giants including Amazon, strategic players and private equity firms step up their fight for limited assets ...
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) ...
The courts in busy art capitals of the world like London are often called upon to determine disputes over title, provenance, authenticity and attribution of valuable art and artefacts ...
Legislation and agencies 1 What are the main statutes and regulations relating to employment? The Labor Code of the Philippines (Presidential Decree No. 442, as amended) (the Labor Code) and the Omnibus Rules Implementing the Labor Code ...
Two recent cases and a recently-released Internal Revenue Service (IRS) Program Manager Technical Advice Memorandum have sent shockwaves through the voluntary disclosure community. All three developments give offshore account-holders something to cheer. PMTA 2018-13 In previous client alerts, we have discussed the definition of "willfulness" in the context of offshore assets and, more recently, the closing of the Offshore Voluntary Disclosure Program (OVDP) ...
This month, courts have been active in several of the fiduciary breach cases involving 403(b) retirement plans at private universities, including USC, Brown, New York University, the University of Pennsylvania, Duke and Northwestern. We have been closely monitoring these and other lawsuits against fiduciaries of defined contribution plans, and the lessons to be gleaned for avoiding liability ...
Yesterday, the California Supreme Court issued an important decision for employers that rejects the application of the federal de minimis defense to unpaid wage claims arising under California law. In Troester v. Starbucks, Case No. S234969 (July 26, 2018), the Supreme Court held that California law prohibits requiring employees to "routinely work for minutes off the clock without compensation ...
Earlier this year, the European Court of Justice ("CJEU") has thrown out an appeal by Nestlé, which argued that it owns the shape of its famous treat KitKat. Nestlé, the world's largest food and beverage company, has spent more than a decade fighting to trademark the four-fingered wafer shape. However, EJC's most recent ruling could bring an end to the snack's protected European status ...
Resolution number 217/2018 was published in the Brazilian PTO’s Official Bulletin number 2470, and amends Resolution number 80/2013, which refers to the fast-track examination for patent applications related to products, pharmaceutical processes, equipment and materials related to public health, aiming to accelerate patent applications considered strategic to the Brazilian Public Healthcare System ...
