Not exact matches
«If the mediator / arbitrator must move to the
arbitration phase, it can not be expected that he or she can entirely cleanse the mind of everything learned
during the
mediation phase,
and of every tentative conclusion considered, or even reached,
during the
mediation phase,» Gray wrote.
These strategies include early
mediation, settlement through direct negotiations
during the pre-discovery phase of litigation, summary judgement
and binding
arbitration.
It is a non-binding procedure controlled by the parties
and the parties can at any point
during the process choose to end the
mediation and commence an
arbitration or litigation process.
He focuses his practice on the construction industry, where he drafts
and negotiates construction contracts, advises clients
during the course of construction,
and resolves disputes through
mediation,
arbitration and litigation,
and real estate litigation, where he also mediates, arbitrates
and litigates disputes.
During Ms. Hope - Selkin's litigation career, she has represented individuals
and corporate clients alike, at Superior Court, private
arbitrations,
and mediations.
A litigator represents your interests before the courts
and / or
during alternative dispute resolution proceedings, such as
arbitration,
mediation,
and administrative tribunals.
Lorne Fine is certified in Collaborative Law
and has advised many clients
during mediation and arbitration cases.
During the last 9 years, Bill has obtained millions of dollars for his clients in favorable jury verdicts, court judgments,
arbitration awards
and mediation settlements.
Parties often mediate
during litigation or
arbitration due to the perception that it can be better done after the issues are defined by the litigation or
arbitration process
and sufficient steps have been taken to enable the parties to properly assess the merits of their respective positions to enable realistic settlement discussions within
mediation.
[70] If the mediator / arbitrator must move to the
arbitration phase, it can not be expected that he or she can entirely cleanse the mind of everything learned
during the
mediation phase,
and of every tentative conclusion considered, or even reached,
during the
mediation phase.
One question that keeps coming up is whether a mediator / arbitrator who learns something
during the
mediation that hurts one party or another can set that information aside
during the
arbitration and render a fair decision, based only on the evidence.
In cases involving Spanish - speaking parties, it is very important to understand how language
and cultural barriers can interfere with the successful resolution of a case
during mediation or
arbitration when the facilitator does not speak the party's language or understand their culture.
The service, available to any family lawyer in Ontario both
during a litigation process or outside of it, would see parties sign a
mediation -
arbitration agreement with Fogelman, giving him authority over interim
and procedural matters up to
and including the exit pre-trial.
Your attorney should be willing to talk about
mediation or
arbitration during your divorce because litigation is often time - consuming
and expensive.
She will advise you of your rights
and explain your legal options, help you with your paperwork,
and represent you
during mediation,
arbitration, or a divorce trial.
During her initial consultation, Mark explained that process along with other options for divorce, including litigation,
arbitration,
and mediation.