Nick Holborne looks at how, in a landmark move, the UK High Court has issued what is believed to be the first compulsory ADR order in a commercial case, requiring parties to engage in mediation with enforceable expectations for genuine participation. The order, praised for giving ADR "teeth," signals a shift toward making dispute resolution more cost-effective and reflects the court's existing power under CPR 3.1(m) to mandate such processes.
Read MoreThis guide is designed to help individuals responsible for addressing employee conflict within an organisation achieve better outcomes for employees and the business. Written by leading practitioners and combining CEDR’s institutional learning and understanding of conflict, this 35 guide covers:
What is Workplace Conflict?
What is Mediation?
The Difference between Workplace and Employment Mediation
What does Workplace Mediation look like?
How to set up your Workplace Mediation
Internal or External Mediator?
Confidentiality
Confidentiality Breaches
‘Without Prejudice’
Managing Outcomes from the Mediation
Resources
https://indd.adobe.com/view/7cfbdbdd-d44c-46d5-a28c-13106f5947e1
Read MoreJames Pooley of IP Watchdog looks at how trade secret disputes are often emotionally charged and rooted in broken relationships, making mediation an ideal tool to help parties identify the real issues and reach resolution before costly, protracted litigation unfolds. By engaging a skilled, evaluative mediator early, parties can address underlying emotional dynamics and business interests, ultimately reducing damage, preserving relationships, and achieving more satisfying outcomes.
https://ipwatchdog.com/2021/03/29/mediation-can-help-sides-win-trade-secret-case/id=131590/
Read MoreResolution Institute/Victoria University of Wellington: Users of Commercial Mediation in New Zealand Insurance Industry Report
https://www.resolution.institute/documents/item/2442
Read MoreArticle reviews the state of the commercial mediation market in New Zealand in 2016.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2923901
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