«Whilst there are some decisions that have to be made by the Court, in most cases parties should try and work together to mitigate problems and
resolve points of dispute.
Not exact matches
At some
point, the mediator might stop the joint session and continue with a series
of private meetings (caucuses) where the mediator explores various options for
resolving the
dispute.
And having
resolved that, the science challenge for Myrrh is now the
point about greenhouse gasses he keeps ducking (ie does he
dispute the standard account
of CO2's absorption spectra?).
Removing as many
points of simple misunderstanding is always a good idea in trying to
resolve a
dispute.
Frankly, it's not hard to imagine simplified versions
of the Guidelines and Advisory Guidelines that admit
of fewer opportunities to escape their presumptions, mathematical approaches to the division
of matrimonial property that are more determinate, or even automated
dispute resolution systems that at least provide a starting
point for settlement discussions where
disputes aren't
resolved completely.
Surprisingly, that
resolves a considerable number
of disputes as well, even though there are no staff members involved at this
point.
He says the main difference from other forms
of alternative
dispute resolution is the client retains ownership over the process, with the option
of various pieces
of professional advice —
of which legal advice is just one leg — to help them
resolve sticking
points.
Gallant
points out that the CBA Futures Report identified that the future
of the law practice will be lawyers acting more as guides and partners in helping clients
resolve disputes, and Bayer argues there should be mandatory training in different
dispute resolution options at the law school level and greater conversation about the value
of the different processes.
The
point may be illustrated by considering (a) the number
of disputes that get
resolved in the «marketplace» and never result in formal legal proceedings, and (b) the number
of trial decisions that are «wrong.»
That being said, even if we do believe that the courts are probably not the best forum to
resolve such
disputes, we also believe, as others have
pointed out, that forcing search engine providers to remove links to out - dated information requires them to assess the private nature
of the data which would essentially alter their role from a mere intermediary to a content editor.
* You will act as a
point of escalation for client / candidate / business queries —
resolving any
disputes to arrive at commercially beneficial outcomes.
Parenting coordination can be ordered at any
point of a civil action involving custody
of parenting, and parents may also request and agree to use a parenting coordinator when they are unable to
resolve disputes without help (Carter, 2011).
The family
dispute resolution process involves: • the parties listening to each other's
point of view without interruption • identifying issues which need to be
resolved • sharing
of relevant information • exploring ideas and options • testing possible solutions • putting decisions and agreements in writing.
In mediation sessions to
resolve child support conflicts, the two
disputing parties are given the opportunity to express their
points of view and provide evidence to a neutral person trained in
dispute resolution.