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INTERESTING READS

Interesting reads on mediation from different online sources

ADR challenges for general counsel

Posted: by Philip McMullan on 09 Jan 2017
Source: www.jamsinternational.com/

The legal system and legal profession are, by their very nature, conservative. There are good reasons for this. Certainty is key for businesses, to ensure that they operate within the law and that their investments are made with the full facts about potential liabilities. A legal system which changed the rules frequently would make it impossible to do business.

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S'pore society urged to 'embed mediation in DNA'

Posted: MAY 21, 2016, 5:00 AM SGT
Source: www.straitstimes.com

Singapore's legal profession and other sectors of society here were yesterday urged to "embed mediation in our DNA".

Under changes made to Supreme Court practice directions in January, lawyers are now duty-bound to advise clients planning High Court civil lawsuits to first consider mediation or other options before going ahead to settle spats.

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Don’t make public info on mediation proceedings: CIC

Posted: Nov 26, 2015, 06.35AM IST
Source: www.timesofindia.indiatimes.com

NEW DELHI: The Central Information Commission ( CIC) has ruled that information related to mediation proceedings in domestic disputes should not be made public. Observing that the mediation process cannot be used by parties as pre-litigation step to collect material, the commission said that such information can be used by a "cantankerous spouse'' to harass the other.
The decision was taken on an appeal filed by Shahdara resident J D Singh.

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Edward Snowden Tries to Negotiate Around His Bad BATNA

Posted: NOVEMBER 23RD, 2015
Source: www.pon.harvard.edu

The data leaker has found the U.S. government to be a reluctant negotiating counterpart.
Edward Snowden, the controversial whistleblower who leaked documents about the National Security Agency’s mass surveillance program, has been trying to negotiate with the U.S. federal government regarding his three felony charges.

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Mediation in Divorce

Posted: March 23 2015
Source: mondaq.com

More and more divorcing couples are electing to engage in mediation outside of the courthouse in an effort to amicably resolve issues of property division and alimony. This option is often appealing because it can be a faster, more cost effective path to resolving a case. In addition, an amicable resolution can benefit the entire family by avoiding the stress associated with contested litigation. In order to make the most of mediation, the following tips can be helpful.

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Article on Advocacy

Posted: May 2015
Source: Mediate.com

Alexander Graham Bell once said, “Before anything else, preparation is the key to success.” We have all heard the adage to the effect that success is 99% hard work and 1% luck.

So, too, with mediations. To reach a resolution during a mediation, each party must prepare for the mediation. The failure to do so can lead to a frustrating end to the mediation.

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What is Mediation & How Does it work

Posted: Oct 2014
Source: Canlaw.com

Mediators can help resolve the most common disputes such as those that occur in the workplace or disputes that arise during separation and divorce with regard to custody issues, parenting, maintenance of children / spouse and the division of assets and liabilities. The mediator will help you to resolve your problem so that you are the decision-maker.

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How Does the Mediation Process Work

Posted: February 2003
Source: Mediate.com

There are 6 steps to a formal mediation; 1) introductory remarks, 2) statement of the problem by the parties, 3) information gathering time, 4) identification of the problems, 5) bargaining and generating options, and 6) reaching an agreement.

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What is Mediation, A Summary

Posted: Jan 2013
Source: Mediation and Conflict Resolution

Imagine that you are at odds with someone. Possibly, neither of you is “wrong” as such, but you each have a different perspective on how to move forward. You may have already tried to talk to the other person and failed; one or both of you maybe too angry to discuss things rationally. To make progress, you need to have a some kind of interaction. This is where a mediator can help.

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What is Mediation?

Posted: May 2015
Source: CivilMediation.org

Mediation is an effective way of resolving disputes without the need to go to court. It involves an independent third party - a mediator - who helps both sides come to an agreement. Mediation is a flexible process that can be used to settle disputes in a whole range of situations such as consumer disputes, contract disputes, family disputes, neighbourhood disputes.

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Family Mediation In the Digital Age

Posted: April 2015
Source: mediate.com

Twenty-first century technology will continue to impact family life and mediation. The family mediator’s awareness of the possible positive and inflammatory influences of the internet, may be instrumental in effectively identifying and resolving the modern family’s disputes. Social media, cyber abuse, the child’s computer voice, the use of a forensic computer expert and the futuristic divorce are factors to be considered in the practice of family mediation.

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Comparing Mediation and Lok Adalat

Posted: June 2009
Source: mediate.com

Both mediation and Lok Adalat are dispute resolution processes in which the parties attempt to settle their civil disputes through negotiation. In its contemporary form, Lok Adalat shares some of the features of the mediation process, but is also distinct in several important ways. Consequently, different types of disputes may lend themselves to mediation, Lok Adalat, or both, depending on the characteristics of the dispute.

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India: Mediation Of Intellectual Property Disputes

Posted: Nov 2006
Source: mondaq.com

Intellectual property assets are central components of the contemporary knowledge economy. Therefore, it is essential that they be managed efficiently and in order to do so, the option of dispute resolution must be clearly spelled out. Mediation, specifically, is an attractive option for parties that place a premium on the preservation or enhancement of their relationship, seek to maintain control over the dispute settlement process, value confidentiality, or want to reach a speedy settlement without damage to their reputations.

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Resolving Disputes Through Employment Mediation

Posted: March 2002
Source: mediate.com

Companies often embark on litigation in resolving employment disputes because management does not properly understand the consequence of such litigation and the psychological effect it may have on the business at hand. Once begun, it is difficult if not impossible to stop. Each step of the litigation process leads to the next. Companies often find themselves resolving cases at the courthouse door after economic, political and emotional costs have all been spent.

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Mediating Family Property and Estate Conflicts

Posted: Dec 2009
Source: mediate.com

The tremendous financial cost of litigation is only one downside of an intrafamily lawsuit. Court pleadings and proceedings are public. The light of publicity often cements positions and makes compromise more difficult. Courts are limited in the remedies they can impose and framing family disputes in legal terms inhibits the parties’ ability to invent or accept creative solutions. Litigation rarely heals differences or promotes understanding.

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Mediation of insurance disputes: wise or waste?

Posted: August 2010
Source: Lexology

Mediation offers the prospect of an efficient resolution to disputes that may be costly and distracting to litigate where private attempts at settlement have failed. Successful mediations require a genuine commitment by the parties to the process, a sensible process tailored to the dispute and a good mediator.

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Can technology shape the future of mediation practice?

Posted: Feb 2012
Source: Kluwer Mediation Blog

Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent agent to advise parties on walkaway alternatives and interest-based trade-offs. No, this is not a science-fiction film—it is ODR technology, the mediation world biggest kept secret.

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The Role of the Mediator

Source: University of Kent

We understand that resolving workplace conflict can be difficult and tiring. Our accredited mediators will support both parties every step of the way. By listening carefully to what each party has to say, we will encourage parties to talk about their problems constructively and safely. We will not make judgments or determine who is right or wrong. Insted, by using the co-mediation model and having two mediators to support you throughout the process, we can maintain a neutral and impartial approach throughout the process and support parties before, during and after mediation.

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Questions on Mediation

Source: Mediation & Conflict Solutions

Problems that are right for mediation: FAMILIES - visitation schedules, school or extracurricular-activity decisions, household rules, communications, grandparents' roles; FINANCES - deciding who pays for shared items; LANDLORTS & TENANTS - over-due repair or rent, discrimination; EMPLOYERS - performance, discrimination, sharing office space etc.

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