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) ...
Many companies are currently facing challenges in relation to the GDPR compliance of their video surveillance. Main issues in this respect are questions related to transparency requirements and information notices, the need for a data protection impact assessment as well as questions concerning retention requirements and retention periods. The German Federal Labor Court (BAG) has recently commented on the admissible storage duration of lawful video recordings ...
On October 3, 2018, the IRS issued guidance for employers on how to claim tax deductions for business meals this year. Under the Tax Cuts and Jobs Act, ("TCJA") business expenses for "entertainment" are no longer deductible, effective for 2018. However, the TCJA did not modify the separate 50% deduction for expenses for business meals, which left employers wondering how to distinguish a business meal from entertainment ...
Earlier this year, in a widely followed arbitration case, a unanimous panel of the New York Supreme Court Appellate Division, First Department, concluded that the New York County, Commercial Division, erred when it partially vacated an arbitration award on the ground that the arbitrators manifestly disregarded the law. As a result, the Appellate Division confirmed the arbitration award ...
In Scots law, it is possible to acquire certain rights to land – access, for instance – simply by the passage of time. This process is known as “prescription” and is outlined in the Prescription and Limitation (Scotland) Act 1973. There are two forms of prescription: positive and negative. Negative prescription extinguishes certain rights after a period of time ...
Impact of Trump Administration, Midterm Elections and the Rise of Automotive M&ARespondents to Dykema’s 14th Annual M&A Outlook Survey expressed the highest level of optimism for the M&A market in the 14-year history of the firm’s survey. Sixty-five percent of respondents expect the M&A market to strengthen over the next 12 months, significantly up from the mid- to high 30s where it has remained for the past several years ...
Destruction of evidence can be fatal in any lawsuit, but it is especially troubling in construction defect disputes. It's always important to allow an opponent and their expert the opportunity to inspect premises and review the alleged defects. A recent Pennsylvania appellate decision highlights the need to do more than just allow a site visit in a defect case. It also drives home the need for clients to advise counsel of any repairs or changes to work at issue in a lawsuit ...
English High Court considers whether there was good consideration for an oral variation of a settlement agreement related to sale of valuable antique textiles. Sometime in the spring of 2014 two Iranian businessmen and antiquities dealers, London based Mr. Shavleyan and LA resident Mr. Simantob, kissed and shook hands on a deal about the payment of the balance of a debt due under a 2010 settlement agreement ...
To coincide with its 250th anniversary, Shepherd and Wedderburn commissioned the University of Strathclyde’s Fraser of Allander Institute to consider the future challenges and, more importantly, opportunities for Scotland’s economy ...
Recently, California legislators passed SB 954 creating a new pre-mediation requirement – the prospective Mediation Disclosure. "As soon as reasonably possible" before agreeing to mediate, attorneys are to present to clients a Mediation Disclosure affirmatively explaining mediation's confidentiality restrictions, execution of which acknowledges the client's understanding of the restriction's impact ...
Governor Brown signed into law a number of bills, which significantly impact employers. Unless otherwise indicated, each new law takes effect the begining of 2019. For an in-depth analysis of how each law might affect your organization, contact one of Hanson Bridgett's experienced labor and employment lawyers ...
View the PDF version of the October 2018 IP Beacon. Jason Bloom Co-Authors SCOTUS Amicus Brief for INTA in Key Copyright Case The International Trademark Association (INTA) tapped Haynes and Boone Partner Jason Bloom to co-write an amicus brief inFourth Estate Public Benefit Corporation v. Wall-Street.com, LLC, a pending U.S. Supreme Court case that will address a key issue regarding when copyright owners can sue for infringement ...
Article PDF On October 19, 2018, the Treasury Department released proposed regulations regarding certain aspects of the new qualified opportunity funds ("QOF") and related qualified opportunity zones ...
Today the Health Resources and Services Administration (HRSA) issued a notice of proposed rulemaking (NPRM) that will end HRSA’s delays in implementing a January 5, 2017 final rule concerning 340B drug price calculations and civil monetary penalties (CMPs) against manufacturers who knowingly and intentionally overcharge 340B covered entities for 340B drugs (the Final Rule) ...
In the Court of Appeal (CA) decision of Securities and Futures Commission v Cheng Chak Ngok (CACV 95/2017; [2018] HKCA 590), the less disputed element of insider dealing, namely the element of “dealing” was at issue. As there was no direct evidence showing the dealing in this case, the issue was whether the circumstantial evidence was sufficient to draw inferences that there was in fact dealing in the relevant shares ...
Companies wanting to do good through corporate social responsibility (CSR) initiatives face a quandary: how to ensure their aid is going where it is needed most. [Editor’s note: Last month, our firm was honoured to have won the President’s Volunteerism and Philanthropy Awards (PVPA) in the Small and Medium Enterprises category ...
What Does it All Mean? With the new Democratic House majority and Republicans maintaining control of the Senate, Washington, D.C., now enters a period of divided government in the run up to the 2020 presidential election. Democrats and Republicans, including President Trump, will have to compromise on a budget and impending debt limit and sequestration, as well as spending levels for the coming fiscal years in order to avoid a government shutdown ...
In an order dated at the end of 2018, the DIFC Court accepted that a party seeking an anti-suit injunction against proceedings in a foreign court must show that proceeding before the foreign court is or would be “vexatious or oppressive” to that party ...
