Clarification isn’t a new topic; looking at it from a holistic perspective maybe — when we clarify, we make our awareness field & consciousness clear. Allow me to clarify… The Mind operates on syntax and words. We all have heard the axiom that our minds create our reality, so that would imply that our syntax …
When a marriage begins to break down, whether suddenly or over time, many considerations need to be addressed. On top of changing your private life, learning to take care of your children on your own, and moving and selling the marital home and property, the pair may need to navigate the court system for the …
Mediation has become a viable alternative to traditional litigation. It brings the parties together in an environment separate from the competitive and adversarial courtroom and encourages collaboration and cooperation to solve an issue, perhaps in a creative way that could not be achieved by a jury or bench trial. The process is often cost-effective and …
The styles of mediation available to mediators are like different tools, ready to be used when the situation calls for each or by preference. Likewise, a great advocate will have the knowledge to handle whatever style a mediator throws at them or even to know which style to request given the issue at hand. Finally, …
Divorce litigation can be a complicated matter both in legal and personal terms. Regardless of intentions, the separation process is rarely straightforward. This is even truer in cases where custody is contested. Let’s discuss the many moving parts that make divorce litigation uniquely complex while also highlighting the potential for mediation and negotiation. At ADR …
The jurisprudence on the appointment of the arbitrator has substantially been evolving through the judgment of various High Courts and the Supreme Court of India (‘Supreme Court’). On the contrary, there is an underlying bottleneck issue creating a conundrum when it comes to the law on appointment of arbitrator resulting in a juxtaposition between statutory …
Throughout life, it’s almost impossible to avoid disputes. These disputes can come in the form of a small issue that gets resolved quickly. On the other hand, other types of disputes aren’t so easy to solve. In the past, two parties would fight for years, if not decades, in courtrooms trying to settle disagreements. While …
Most people who go after a divorce falsely presume that once they file the divorce papers, they can quickly go on with their lives and get away from conflict and turmoil. In reality, if two individuals go into a divorce without acceptance of the divorce situation, this can spell out trouble for all parties involved. Without proper acceptance of the situation of the divorce, both parties will be unable and unwilling to let go of their finances or the past. For this reason, couples seeking a divorce should first ask themselves a few important questions to ensure that the divorce process goes along as smoothly as possible.
Justice Delayed is Justice Denied: How the rise of ADR in the UK and Ireland is aiding pressure from court closures and backlogs. In the face of the Covid-19 Pandemic, it has been encouraging to see ADR professionals across the UK and Ireland trying to work out ways to deliver their services, at a time when courts have been brought to an almost stand still.
Successful negotiations require sound strategies. Today we present 12 recommended steps for developing productive mediation strategy to resolve any seemingly intractable conflict between parties.