It can enable more creative, tailor - made
solutions than the court process allows.
Agreements in mediation often contain more creative and personal
solutions than a court would allow.
Mediation can be a better
solution than court as it often results in a more beneficial outcome for both parties.
I suggest that mediation may be a better
solution than court.
Not exact matches
you can have a
court system that is supposed to deal non-violently with
solutions to these dillimmas but mostely it is entertainment and laughable in it's core justice to begin with humans are human so how does the newer muslim prophet propose to become more
than human in response to violence and as a tool for enactment for change — if necessary?
ADR also can allow the parties to develop a more flexible or creative
solution than is generally possible in
court or formal hearings and appeals.
The introduction of the Online
Solutions Court however goes further
than changing the means of delivery.
It would be a more flexible
solution than the creation of specialised
courts to the extent that litigation may increase in areas not initially foreseen and that cases most suitable for specialised
courts tend to be repetitive and easy to deal with;
While the action for damages had been initially conceived to protect those having a subjective right to be enforced before national
courts, a reasonable
solution in the present situation could be that the party who had drawn a benefit from the implementing act contrary to EU law now would be required to carry the burden of undertaking the necessary steps of an action for damages against the Member State; this would appear more justified
than to impose said burden on the party who possesses a right created through the concretisation of the content of a principle (para 79).
With the Supreme
Court of Canada's recent decision in Google Inc. v. Equustek
Solutions Inc., Canadian jurisprudence and values bring us closer to the EU on privacy issues
than with the U.S.
Therefore, a constitutional right of access to the regular
courts is likely to be no more
than a bandaid
solution rendered palatable only by reasons of government parsimony in the support of adequate administrative processes.
The collaborative family law process works when it is more important for you to solve problems and work privately towards fair
solutions rather
than arguing publicly in
court.
It does not sound as if the spouses could have arrived at a mediated
solution — but if they had, the wife might have got more money
than the
Court of Appeal has given her.
One difference between inter partes and solicitor / client disputes can be that the parties still want to maintain a professional relationship and a
court assessment is likely to jeopardise that, whereas «[m] ediation provides litigants with a wider range of
solutions than those that are available in litigation: for example... continuation of an existing professional or business relationship perhaps on new terms» (see Lord Justice Dyson in Halsey).
I don't know if a software
solution (Deal Proof comes to mind, though there are competitor products) is enough to guarantee no mistakes, but the thought of a double check certainly would be better
than being criticized in
court.
The
solution to the problem of patent trolls is as simple as it is difficult to implement; more rigorous examination of patent applications, clarification and limitations of claims during prosecution, and increased use by the
courts themselves (rather
than the parties in litigation) of expert witnesses who can inform the
court of the state of the art, and what implied limitations of the original invention should be considered by the
court.
Providing parents with tools to empower them to handle their own situations and issues is a far better long - term
solution for the children
than having to rely on return trips to
court.
However, because the collaborative attorneys will not bring contested issues to
court, their focus is on finding
solutions rather
than using the meetings as a tool of opposition research.
Perhaps more importantly, it could mean the difference between the couple ending up in
court representing themselves because they believe they can not afford mediation rather
than in mediation where will be focusing on how they can reach
solutions together and improve their communication.
A skilled collaborative team can help you find a
solution to a difficulty much faster and more creatively
than court ever could.
For example, parents in mediation can work out custody
solutions that change over time to respond to a child's needs, a more flexible approach
than court - mandated shared custody, Aulis says.
It may be too late for this, but if your ex-boyfriend is willing to mediate this dispute with you, you might be able to come up with some kind of
solution that is at least better
than what you would get in
court.
The client who can look back and see that his or her lawyer was truly committed to finding
solutions is going to be much more satisfied
than the one who spent long hours waiting in
court, was forced to endure adversarial and contentious arguments and suffered through the months or even years of litigation while having little control over the process.
Rather
than trying to use the
court to evoke revenge on your errant spouse, it's in your best interests to try and come up with the most workable
solution you can without the
court's intervention.
Adversarial family
courts are structured for all - or - nothing
solutions — which are part of the problem for high - conflict families, rather
than part of the
solution.
We help families who are facing difficult transitions to manage emotions, communicate effectively, make educated decisions and reduce conflict while keeping the most important goals of both parties at the forefront of the settlement.The focus is on constructive problem solving rather
than on adversarial bargaining and
court imposed
solutions.
However, rather
than turning to the
courts and other adversarial processes to find a neat and tidy
solution to an otherwise complex and messy situation, our government has taken the approach of encouraging and supporting both sides to find a mutually agreed upon resolution themselves.
My mediation work is geared to helping parents develop parenting plans that focus on their family's needs, rather
than have a
court - imposed
solution.
Anything would be better
than The Family
Court System, but I have a
solution that I deem the civilized divorce and it would have never allowed me to lose my daughter like The Family
Courts did.
But for couples seeking to find a lasting
solution rather
than attack each other in
court, the team approach can be highly recommended.
Rather
than fighting an acrimonious
court battle, couples and their lawyers work together with such experts to seek the best
solution for the family.