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Community Mediation – Improving Access to Justice

bppxrv1fo4s-igor-ovsyannykovThe denial of justice through delay is the biggest mockery of law! Considering the fact that it takes an average of 15 years to resolve a civil or commercial dispute in India, it is not limited to mere mockery – but the delay in fact kills the entire justice system of the country. The legal system is simply not equipped to handle the number of cases filed. It is often said that litigation is an unwelcome house guest that stays for years or even decades. Read more

Posted by Anil Xavier in ADR

Ask An Expert: Paul Key QC

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New Zealand born Paul Key QC, an international arbitration specialist at Essex Court Chambers in London, discusses innovation, challenges and new trends in dispute resolution.

 What is your role in dispute resolution?

I am a barrister based in London. I work as an advocate and as an arbitrator in international commercial arbitrations and investment treaty arbitrations. I also do court work, largely (though not exclusively) related to arbitral disputes.

The disputes in which I am involved usually have some high-value and cross-border commercial aspect to them. My clients are typically large commercial entities, states and very high net-worth individuals. Like most people who do this work, my work as an advocate involves work for both claimants and respondents. The arbitrations in which I am involved take place in various places around the world (e.g. New York, Geneva, Singapore, Vienna and Sydney) and my work involves frequent travel. Read more

Posted by Natasha Mellersh in Ask An Expert

The Mediation Process: When And Why It Is Used

A photo by Steve Halama. unsplash.com/photos/NPKk_3ZK2DY

Mediation can be successfully deployed at any point in the timeline of a dispute – either before proceedings are issued, afterwards, up to, and even during trial. It is, after all, a facilitated negotiation and represents an opportunity to settle early, reducing stress, acrimony and legal costs.

Defining mediation is arguably a futile task: in the same way we accept that ‘beauty is in the eye of the beholder’, mediation is whatever users can imagine and can agree it to be. Thus, there are many different approaches, which vary widely according to users’ needs and the demands and timing of the case.

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Posted by Matthew Rushton in Introductory Guide

Chart Of Dispute Resolution Stages And Steps

 

Today, because of the flexibility, adaptability and versatility of ADR, Users of dispute resolution processes have available to them a wide variety of techniques that can be used to prevent, control and resolve disputes. New techniques are constantly being developed to deal with the wide variety of potential disputes that can occur in any kind of relationship, and at any stage in the development or escalation of a problem or dispute.

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Posted by James P. Groton in Introductory Guide

Global Pound Conference – What is it?

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This series of conferences spanning the globe, explores and raises awareness about a whole palette of tools for the resolution of disputes among nations and businesses. These conflict resolution tools are particularly suited for resolving cross-border conflicts, most commonly between commercial entities, states and private parties.

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Posted by GPC Series in Introductory Guide, Negotiation