MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT

Size: px
Start display at page:

Download "MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT"

Transcription

1 MEDIATION, AND SOME TIPS FOR GETTING THE BEST OUT OF IT By Rosemary Jackson QC, Barrister and Mediator Keating Chambers Why mediation? After more than 25 years as a barrister specialising in construction and engineering disputes I am aware that some disputes have to end up in court for one reason or another. The vast majority, however, are capable of resolution without a trial and without the need to incur the massive costs of litigation or arbitration. Where direct negotiation between the parties fails or seems impossible, mediation offers a unique opportunity to achieve resolution with the help of a qualified neutral person. All settlements involve compromise but a mediation offers the opportunity for parties to be in control of their own destiny by shaping a deal which may involve benefits not obtainable from a Judge or Arbitrator 1 and which substitutes the risk of an adverse result with the certainty of an agreement, voluntarily entered into, which the parties are more likely to honour than one imposed on them. The result is truly a win win : by compromising, the parties may have lost the chance of going to a trial/arbitration hearing at which they might have succeeded in every part of their claim/defence, but they have also eliminated the risk of an unsatisfactory or even a disastrous result and an order to pay the costs of all parties. In a commercial context a settlement may remove an impediment to further business between the parties, and will certainly free up management and other involved personnel so that organisations can deploy their human and financial capital in furthering their business aims rather than in keeping their lawyers gainfully employed. Even the lawyers and experts are winners: although the settlement of a dispute may do them out of what may be a lucrative trial, the likelihood is that there will be repeat business for the advisers who helped a client to an economic and efficient resolution. After years of begging clients not to risk financial ruin if there was any possibility of negotiating a satisfactory settlement instead, I discovered mediation and I trained as a mediator in Common examples are deferral of payment until the next financial year, or payment by instalments, which may make it easier to reach a figure acceptable to both payer and payee. Or agreement of a final account whereby a contractor agrees to return to site to carry out, complete or rectify some item of work.

2 Ten years on, mediation is moving closer to being the norm than the exception. With encouragement from the Courts by way of case management 2 and a willingness to use costs orders to penalise those who unreasonably refuse to attempt mediation, it is becoming a standard approach for parties to explore whether there is a better way forward than simply proceeding to a trial. With willingness of Government agencies to consider mediation and the continued restrictions on legal aid, the number of disputes referred to mediation is bound to continue to increase. But, whilst lawyers are generally aware of the possibilities of mediation and other forms of alternative dispute resolution (ADR), many clients are yet to discover or be persuaded of the benefits of mediation. This article aims to provide information for those contemplating mediation but unsure of what to expect. How do you get to mediation? Fear that it will be perceived as a sign of weakness often prevents a party from opening negotiations and this may mean that an opportunity to settle is lost if both sides adopt the same attitude. Suggesting mediation, however, is not a sign of weakness but of common sense, particularly given the willingness of the courts (and perhaps in the future, arbitrators?) to penalise parties who unreasonably refuse to mediate by denying them their legal costs even though successful in the litigation (see Dunnett v Railtrack (2002) and later decisions). Pre Action Protocols to be followed before the commencement of proceedings in court also provide a risk free opportunity to explore the possibility of mediation without having to show any weakness. There are now many organisations 3 willing to appoint mediators or to refer disputes to them. Parties can appoint a mediator directly or, if unsure of who is available, can consult such bodies. 2 With Case Management forms offering parties the opportunity to seek a stay of the proceedings to enable mediation or other ADR to take place. 3 For example, Clerksroom, CedrSolve, Resolex 2 KEATING CHAMBERS 2012

3 Will it work? It takes two (or more) to compromise, so obviously settlement depends on all participants being prepared to invest time and effort in the process with the intention of reaching a settlement. It also, crucially depends on all participants understanding the process and preparing properly in advance. Fear of an adverse costs order will cause some parties to agree to mediate with the intention of going through the motions but with no real desire to settle. They plan to tell the Court that they tried mediation, safe in the knowledge that the reasons for failure will remain confidential to the parties. The Court will not discover that they actually had no intention of settling but the costs risk has been avoided. Experience shows, however that parties who feel coerced into mediation, or indeed who are ordered by the Courts to mediate, do nonetheless engage in the process and often achieve a settlement. The words I m only here so that you can t accuse me later of refusing to mediate often precede a settlement. Some parties are put off mediation by fear that the other side may be on a fishing trip. This will sometimes be the case but is by no means an obstacle to settlement. On the contrary, the process leads to a better understanding on both sides of the differences between them and of the real issues. Both as a CedrSolve trained mediator and as a barrister accompanying parties to mediations, my experience has been that in virtually every case, the parties benefited from undergoing the process even if they did not settle their dispute. At least the parties know where they stand, which aspects of their case need more work in order to convince the other side, and what the options are for settlement in the future. Better to find out early on that your case is weak, than to sail on optimistically and then discover, hundreds of thousands of pounds later, that the Judge takes a different view from yours. Better still if you can emerge from a mediation armed with the knowledge necessary to improve your case and your prospects. Mediation is not peculiarly suited to any particular types of disputes. Nor is it always necessary for a mediator to have particular legal knowledge or experience in the area of the dispute. Thus, whilst 3 KEATING CHAMBERS 2012

4 many of my mediations are construction/engineering/energy related disputes where the parties decide that they will be assisted by having a mediator with experience in that field, I have mediated disputes in other sectors such as employment, banking, and money laundering. The skill of the mediator is in helping the parties in a reality check and assisting them to rise above the legal and technical wrangles to achieve an acceptable commercial resolution. Irrespective of the types of parties involved, it is generally reported that 75% 80% of cases settle on the day of the mediation or shortly thereafter as a result of the mediation. For those contemplating starting, attending or advising upon mediation, the following tips may be helpful in maximising the chances of a successful outcome. Understanding the process. Mediation is a flexible process conducted confidentially in which a neutral person actively assists parties in working towards a negotiated agreement of a dispute or difference, with the parties in ultimate control of the decision to settle and the terms of resolution. All too often parties expect the mediator to decide who is right or to persuade the other side that they are in the wrong. Typically, unprepared parties will ask when they will get the mediator s decision. A mediator will test and probe but is not there to decide the dispute. It can be very helpful if those attending have given some thought to how they think the mediator can help achieve a settlement. By persuading the other parties that they are wrong and we are right! is not a constructive answer to a mediator asking how he/she can assist the parties. There is no set procedure but usually there will be an introductory meeting at which each party has an opportunity to address the others, having already exchanged Position Statements. At some point the parties are likely to move into private rooms for confidential discussions with the mediator but this is completely flexible and up to the mediator. The parties may spend the majority of the day together, or apart. They may be brought back together at certain points. The purpose of the exercise is to encourage exploration of what really lies between the parties, realistic self assessment of the 4 KEATING CHAMBERS 2012

5 merits, and eventually negotiation and settlement. Sometimes this will involved a detailed examination of technical or legal issues, whereas some mediations are conducted on a wholly commercial level. In preparing for the mediation, spend some thought on what is most likely to lead to a resolution. Be prepared to make the first move This applies both to initiating mediation and starting the negotiation process at the mediation. Don t assume that proposing or agreeing to mediation will be seen as a sign of weakness. Mediation can often be an opportunity to expose for the first time the weakness of your opponent s case and demonstrate the strength of yours. This can be particularly helpful if all correspondence seems to have been fielded by people relatively low down the hierarchy trying to settle the dispute themselves, or (worse) who are protecting their own backs if the top man with authority to settle comes along to a mediation he may hear from you the things his own team have been withholding. Mediation is a chance to expose bad advice and bad performance and to explain, face to face, why you are right. Typically, after a period of exploration of the issues, the mediation will move onto negotiation. Someone must make the first offer and parties are often unwilling to be the first to raise their heads above the parapet. In my experience the party who makes a first, well judged offer will be glad they did so as they are able to set a starting point which may steer the negotiations. It can be helpful to make a number of alternative offers, such as X now, or alternatively X+Y if it can be spread across 2 financial years. Making the first offer also avoids the doom laden experience of being the recipient of the first offer. I can think of few mediations where the recipient has not been completely dismayed by the first offer received, and I always warn parties that this will be the low point of the day for them and that they must prepare themselves and avoid the temptation to walk out in dismay. Fortunately, things can only get better from that moment onwards. 5 KEATING CHAMBERS 2012

6 Think carefully about the timing of the mediation. The earlier the mediation, the less clear the facts and arguments will be. On the other hand, the later the mediation, the more likely it becomes that substantial legal and other professional fees will have been incurred, thus broadening the gap between the parties. Some disputes can be settled by taking a broad brush approach, whereas others depend on the parties knowing the facts and arguments in detail. If the details are going to matter, make sure that each side knows what the other is going to say well in advance. Ambushing the other side on the day of the mediation is likely to lead to mistrust. It is also likely that the party receiving new facts, claims and arguments on the day will be unable to verify or refute them on the day and will withdraw from the process. They may come back to the negotiating table in a few weeks or months, or the momentum to settle may be lost. Don t be a cheerleader. If you are part of a negotiating team you can either tell your principal what he would like to hear or you can give him your honest assessments. Arguing the case and putting it at its highest is all very well in front of the opposition, but within your own team, and with the mediator, it is really important that the strengths and weaknesses of the case are realistically addressed, along with the risks of failing to settle. If the decision makers can gauge the risks and rewards at stake they will be in a position to decide whether to settle on a deal which both sides can live with, or whether they believe the possible rewards to be gained at trial or arbitration so outweigh the risks of losing that the best settlement on offer can be rejected. If defensiveness or fear of appearing not to support the team prevents honest advice being given, the risks cannot be assessed. Be prepared to do some lateral thinking at the mediation. Settlement does not always involve a simple transfer of money. The beauty of mediation (as opposed to litigation or arbitration) is that there is the opportunity to structure a deal to everyone s benefit. There are no limits to the ways a deal can be structured, but often a nonmonetary 6 KEATING CHAMBERS 2012

7 component makes all the difference: payment by instalments may enable the payer to agree to a higher total price; an agreement to settle the present dispute may be easier if it goes hand in hand with an agreement not to terminate another contract; facilities or training are sometimes be offered as sweeteners. The value of an apology or a confidentiality agreement should not be underrated. But do some thinking in advance. It is vitally important to have given thought in advance to the issues and the potential scenarios for settlement. Frequently the parties to a mediation spend a morning exploring the technical and legal issues before turning to consider the figures. There sometimes follows a protracted period during which one party will identify and quantify for the first time complicated alternative scenarios in order to arrive at a valuation of the claim. This is often essential analysis but, if not undertaken until the day of the mediation, vital time is lost and the momentum and goodwill of other party who is left waiting for hours on end for a first offer may be jeopardised. Be prepared for a long day. Human nature is such that mediations often last well into the evening. If key team members have to leave at 5.30pm or if important consultees will not be available in the evening, the momentum can easily be lost. A good supply of newspapers, energy bars and energy drinks (non alcoholic) will pay dividends. Don t underestimate the importance of saving face. In order to get the deal you need, it may be necessary to persuade the opposition that their case is weaker than they have been advised. At some point their lawyer, expert or contracts manager may have to admit that his advice may have been wrong or over optimistic, or that his actions may have led to some liability. This is not easy. You may be in the same position. Be aware of the hurdles that people have to overcome in order to be able to make the deal that they know makes sense. Structuring a settlement so as to avoid ritual humiliation can make the difference between settling and not settling. 7 KEATING CHAMBERS 2012

8 And finally Do consider mediation next time you have a dispute to resolve. By placing your trust in a mediator and sharing your hopes and fears with them on a confidential basis, you can help the mediator to help you resolve your dispute. And just think what you might do tomorrow if you have finally put a long running dispute behind you. Rosemary Jackson QC Keating Chambers January KEATING CHAMBERS 2012

Your Guide to Pursuing a Personal Injury Claim

Your Guide to Pursuing a Personal Injury Claim Your Guide to Pursuing a Personal Injury Claim 2 Contents Introduction... 3 Important things that you must do... 3 In The Beginning... 4 Mitigating your loss... 4 Time limits... 4 Who can claim?... 4 Whose

More information

Mediation Services, Throughout the UK Guide to Mediation

Mediation Services, Throughout the UK Guide to Mediation mediation Mediation Services, Throughout the UK Guide to Mediation let sstarthere Why Mediate? Pg 3 The Mediation Day Pg 4 Preparing for the Mediation Pg 5 Quality Assured Pg 6 Flexible Fee Policy Pg 7

More information

MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys

MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys MEDIATION STRATEGIES: WHAT PLAINTIFFS REALLY WANT By Jim Bleeke, SweetinBleeke Attorneys As defense attorneys, we often focus most of our efforts on assembling the most crucial facts and the strongest

More information

What is my claim worth?

What is my claim worth? What is my claim worth? This is probably the most common and important question asked by a Claimant pursuing a personal injury claim. At the end of the day, it is the recovery of compensation for the injury

More information

A brief guide to professional negligence claims

A brief guide to professional negligence claims A brief guide to professional negligence claims Contents Introduction Do I have a claim? Important considerations Pre-action protocol procedure Court proceedings Contact information Introduction Claims

More information

WHY MEDIATE? No Winners

WHY MEDIATE? No Winners WHY MEDIATE? By Robert E. Lee Wright 1 Parties to lawsuits often do not understand the litigation process or what is involved in going through trial until too much money and emotion have been spent. Only

More information

Your Guide to Will Dispute Mediation

Your Guide to Will Dispute Mediation Your Guide to Will Dispute Mediation 1 Introduction People involved in a dispute about a will typically Worry about paying for (and potentially losing) a fight in a public court with a relative; Suffer

More information

Will, trust and estate disputes

Will, trust and estate disputes Will, trust and estate disputes Contents Types of claim Is the Will valid? Inheritance Act Claims Have you not been left sufficient financial provision following the death of a friend or relative? Promissory

More information

EVERYTHING YOU NEED TO KNOW ABOUT MEDIATION

EVERYTHING YOU NEED TO KNOW ABOUT MEDIATION EVERYTHING YOU NEED TO KNOW ABOUT MEDIATION Table of Contents 1. What is mediation?... 3 2. How do I find the right mediator?... 3 3. How much does a mediator cost?... 3 4. How do I book a mediator?...

More information

Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM

Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM Form 6A ALTERNATIVE DISPUTE RESOLUTION (ADR) FORM The State Courts regard Alternative Dispute Resolution (ADR) as the first stop of a court process. ADR is crucial in the cost-effective and amicable resolution

More information

Why use ADR? Pros & cons

Why use ADR? Pros & cons Why use ADR? Pros & cons Thinking about ADR? This leaflet is for you if you ve heard about alternative dispute resolution (ADR) and are wondering whether to use it to try and resolve a dispute. It will

More information

Advice Note. An overview of civil proceedings in England. Introduction

Advice Note. An overview of civil proceedings in England. Introduction Advice Note An overview of civil proceedings in England Introduction There is no civil code in England; English civil law comprises of essentially legislation by Parliament and decisions by the courts.

More information

Settlement. conference; Tips for Judges

Settlement. conference; Tips for Judges Settlement Conference Tips for Judges (with a Form and a List of Things Lawyers Should NOT Do) Hon. Morton Denlow Most cases eventually settle. The guidance offered by the judge at the settlement conference

More information

B R e s t o R i n g C o n f i d e n C e

B R e s t o R i n g C o n f i d e n C e B u i l d i n g B C Options for Resolving Residential Construction Disputes R e s t o r i n g C o n f i d e n c e Canadian Cataloguing in Publication Data Main entry under title: Options for resolving

More information

Collaborative Family Law: A Brief Guide BRIEFING. What is collaborative family law?

Collaborative Family Law: A Brief Guide BRIEFING. What is collaborative family law? Collaborative Family Law: A Brief Guide What is collaborative family law? Collaborative family law is a dignified and co-operative approach to negotiating, in which the commitment of the parties and their

More information

A Client s Guide to Personal Injury Mediation

A Client s Guide to Personal Injury Mediation A Client s Guide to Personal Injury Mediation 1 What is Mediation? Mediation is a way of settling your compensation claim. It is an alternative to going to court. It involves negotiation between you and

More information

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND

LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND LEGAL AID ADVISORY COMMITTEE REVIEW INTO ESTABLISHING A CONTINGENCY LEGAL AID FUND IN NORTHERN IRELAND WRITTEN SUBMISSIONS OF THE ASSOCIATION OF PERSONAL INJURY LAWYERS 1. The Association of Personal Injury

More information

ALTERNATIVE DISPUTE RESOLUTION

ALTERNATIVE DISPUTE RESOLUTION ALTERNATIVE DISPUTE RESOLUTION Presented by Carmella Ben-Simon Barrister Victorian Bar Owen Dixon Chambers West 17th floor 525 Lonsdale Street Melbourne 3000. T 92258585 F 9225 8024 DX 92 Melbourne Clerk

More information

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM

GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM GUIDE TO FUNDING YOUR MEDICAL NEGLIGENCE CLAIM Because of the expert knowledge and depth of investigation required in order to bring a successful claim, negligence litigation can be expensive. Understandably,

More information

SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS. Lawrence M. Watson, Jr.

SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS. Lawrence M. Watson, Jr. SECURING AND ENHANCING INSURANCE COMPANY INVOLVEMENT IN THE MEDIATION OF CONSTRUCTION CLAIMS Lawrence M. Watson, Jr. INTRODUCTION Without question, active and engaged involvement by relevant insurance

More information

Collaborative Law Looks to Avoid Litigation

Collaborative Law Looks to Avoid Litigation Massachusetts Lawyers Weekly May 8, 2000 (28 M.L.W. 1989) Collaborative Law Looks to Avoid Litigation by David A. Hoffman and Rita S. Pollak In a handful of jurisdictions around the United States, groups

More information

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL

PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL PERSONAL INJURIES BAR ASSOCIATION STANDARD TERMS AND CONDITIONS TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR USE AFTER 31 JANUARY 2013 PLEASE NOTE: THESE TERMS

More information

The purpose of this article, the third in a series on my website, is intended to help sort out Minnesota

The purpose of this article, the third in a series on my website, is intended to help sort out Minnesota Proceeding with a divorce action is no different than other major life decisions that start with contemplation information gathering and an understanding of the process involved. Family members friends

More information

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS

GADSBY WICKS SOLICITORS EXPLANATION OF LEGAL TERMS EXPLANATION OF LEGAL TERMS Affidavit: After the event litigation insurance: Application notice: Bar Council: Barrister: Basic Charges: Before the Event Legal Expenses Insurance: Bill of costs: Bolam test:

More information

FIXED FEE DIVORCE AND FAMILY LAW SERVICES

FIXED FEE DIVORCE AND FAMILY LAW SERVICES 01226 210000 www.mkbsolicitors.co.uk info@mkbsolicitors.co.uk Please feel free to telephone the office and request to speak to a member of the family team Page 1 of 12 If your relationship has broken down

More information

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation?

Information. Considering a clinical negligence claim. What gives rise to a clinical negligence claim? What about the issue of causation? Information You are asking advice from Thomson Snell & Passmore about a possible clinical negligence claim. Such claims are complex and it would greatly assist your understanding of the issues if you read

More information

Client selection: How to red flag high-risk clients (including relatives) and build a solid client base

Client selection: How to red flag high-risk clients (including relatives) and build a solid client base Client selection: How to red flag high-risk clients (including relatives) and build a solid client base By Jim Calloway Veteran lawyers have hopefully learned what clients to avoid representing. Today

More information

Alternative Dispute Resolution (ADR) Procedures

Alternative Dispute Resolution (ADR) Procedures Alternative Dispute Resolution (ADR) Procedures The background Traditional dispute resolution procedures Private Negotiation 1. A lost skill, negotiation is a process of the parties themselves or via skilled

More information

Divorce Mediation Myths

Divorce Mediation Myths Divorce Mediation Myths Debunking divorce mediation myths: Facts about the mediation process. Myth: Mediation allows one spouse to dominate another. Fact: A good mediator pays close attention to the power

More information

DENTISTRY, A SUITABLE CASE STUDY FOR ADR CONTENTS

DENTISTRY, A SUITABLE CASE STUDY FOR ADR CONTENTS By Gareth R Thomas & Corbett Haselgrove- Spurin CONTENTS Page Topic 1 Aims and Objects Introduction What is ADR? Mediation 2 Ground rules for mediation 3 Steps in a mediation Advantages of mediation Why

More information

Dispute Resolution Bringing A Small Claim

Dispute Resolution Bringing A Small Claim Dispute Resolution Bringing A Small Claim Kirwans is one of the North West s most forward thinking law firms. As an allservicing firm, our success has been built upon delivering expert knowledge and expertise

More information

Alternatives to Going to Court

Alternatives to Going to Court Alternatives to Going to Court Going to trial to have a judge hear evidence and make a decision is sometimes the most effective way of resolving a difficult legal dispute. However, it is also one of the

More information

Alternative Dispute Resolution

Alternative Dispute Resolution Alternative Dispute Resolution Guiding Principle Employing alternate dispute resolution techniques in contractual disagreements may result in equitable settlements without going through the formal litigation

More information

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address?

What Is Small Claims Court? What Types Of Cases Can Be Filed In Small Claims Court? Should I Sue? Do I Have the Defendant s Address? SMALL CLAIMS COURT What Is Small Claims Court? Nebraska law requires that every county court in the state have a division known as Small Claims Court (Nebraska Revised Statute 25-2801). Small Claims Court

More information

Mediate, Arbitrate or Court? Which way do you go? Condominium Mediation and Arbitration

Mediate, Arbitrate or Court? Which way do you go? Condominium Mediation and Arbitration Mediate, Arbitrate or Court? Which way do you go? Condominium Mediation and Arbitration Presented April 9, 2011 at CCI-GHC Conference and Tradeshow All under one Roof By Colm Brannigan 2 INTRODUCTION The

More information

STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT

STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT STANDARD TERMS AND CONDITIONS FOR CLAIMANT EMPLOYMENT TRIBUNAL AND EMPLOYMENT APPEAL TRIBUNAL WORK TREATED AS ANNEXED TO THE CONDITIONAL FEE AGREEMENT BETWEEN SOLICITOR AND COUNSEL FOR CLAIMANT EMPLOYMENT

More information

THE BEGINNERS GUIDE TO IR35

THE BEGINNERS GUIDE TO IR35 TO CONTENTS Introduction - What is? Chapter 1 - Know your status Chapter 2 - The cost of non compliance Chapter 3 - Selecting your operating structure Chapter 4 - Investigations Using this guide You can

More information

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com

IMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk

More information

MEMORANDUM ON OFFERS TO SETTLE. 1. What is an Offer to Settle? 2. Why Make an Offer to Settle? 3. How Can it Help to Make an Offer to Settle?

MEMORANDUM ON OFFERS TO SETTLE. 1. What is an Offer to Settle? 2. Why Make an Offer to Settle? 3. How Can it Help to Make an Offer to Settle? MEMORANDUM ON OFFERS TO SETTLE 1. What is an Offer to Settle? 2. Why Make an Offer to Settle? 3. How Can it Help to Make an Offer to Settle? The purpose of this memorandum is to assist you in understanding

More information

Alternative Dispute Resolution Can it work for Administrative Law?

Alternative Dispute Resolution Can it work for Administrative Law? Alternative Dispute Resolution Can it work for Administrative Law? The Honourable Justice Garde AO RFD, President of VCAT Paper delivered on 26 February 2014 to a seminar hosted by the Australian Institute

More information

The Divorce Process. What to Expect. Cassandra P. Hicks

The Divorce Process. What to Expect. Cassandra P. Hicks The Divorce Process What to Expect By Cassandra P. Hicks It is impossible to cover what can happen in any given case so the following is an effort to explain in general terms the overall divorce process

More information

Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts.

Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts. 1 Describe the Different Methods of Alternative Dispute Resolution Available to do with Civil Courts. In Lord Woolf s Report Access to Justice (1996) one of the key recommendations was to encourage the

More information

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS

CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS CLAIMS AGAINST TELEPHONE ANSWERING SERVICES: THE TRILOGY OF PREVENTION, HANDLING AND RESOLUTION PART TWO: WHAT TO DO WHEN A CLAIM HAPPENS Martin M. Ween, Esq. Partner Wilson, Elser, Moskowitz, Edelman

More information

IMPROVING THE RESOLUTION OF TAX TREATY DISPUTES

IMPROVING THE RESOLUTION OF TAX TREATY DISPUTES ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT IMPROVING THE RESOLUTION OF TAX TREATY DISPUTES (Report adopted by the Committee on Fiscal Affairs on 30 January 2007) February 2007 CENTRE FOR TAX

More information

Litigation and Dispute Resolution Bulletin

Litigation and Dispute Resolution Bulletin Litigation and Dispute Resolution Bulletin May 2008 Fasken Martineau DuMoulin LLP Alternative Dispute Resolution Vancouver Calgary Toronto Ottawa Montréal Québec City London Johannesburg www.fasken.com

More information

http://www.pbookshop.com

http://www.pbookshop.com Why a Personal Injury Practice Is Different I wrote in the first two editions of this book that starting a personal injury practice is not for the fainthearted. Sadly, that fact is even truer today than

More information

GADSBY WICKS SOLICITORS FUNDING THE CLAIM

GADSBY WICKS SOLICITORS FUNDING THE CLAIM FUNDING THE CLAIM This is an important issue because we know that many people are understandably very worried about incurring legal costs. But there is no need to worry about costs. Because of changes

More information

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC

Expenses and Funding of Civil Litigation Bill Consultation Response by GCC Expenses and Funding of Civil Litigation Bill Consultation Response by GCC (A) Speculative Fee Agreements: Q1: Do you think that a lack of cap on speculative fee agreements prevents potential pursuers

More information

JUDICIAL SETTLEMENT CONFERENCES THE HIGH COURT GUIDELINES. (A document to assist those participating in a judicial settlement conference)

JUDICIAL SETTLEMENT CONFERENCES THE HIGH COURT GUIDELINES. (A document to assist those participating in a judicial settlement conference) JUDICIAL SETTLEMENT CONFERENCES THE HIGH COURT GUIDELINES (A document to assist those participating in a judicial settlement conference) Issued April 2012 1. INTRODUCTION 1.1. The High Court s jurisdiction

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Departing Employees Protecting the Family Silver

Departing Employees Protecting the Family Silver Departing Employees Protecting the Family Silver 0 DEPARTING EMPLOYEES PROTECTING THE FAMILY SILVER Introduction An issue which frequently arises for companies is what do if an employee goes to a competitor

More information

Dispute Resolution. White Paper. This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes.

Dispute Resolution. White Paper. This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes. White Paper Dispute Resolution This document on Dispute Resolution outlines the four main approaches to resolving contractual disputes. CIPS members can record one CPD hour for reading a CIPS Knowledge

More information

A BARRISTER S GUIDE TO YOUR PERSONAL INJURY CLAIM

A BARRISTER S GUIDE TO YOUR PERSONAL INJURY CLAIM edition one A BARRISTER S GUIDE TO YOUR PERSONAL INJURY CLAIM A Legal Lifeline Julian Benson A Barrister s Guide to Your Injury Claim First Edition, 1.0, August 2012 Published by Julian Benson Publishing

More information

By Judith L. Huddart

By Judith L. Huddart HIGH-CONFLICT CUSTODY CASES IN CANADA By Judith L. Huddart This paper was originally presented at a conference in 2001 held by the International Society of Family Lawyers in Kingston, Ontario. Are we really

More information

Clinical Negligence: A guide to making a claim

Clinical Negligence: A guide to making a claim : A guide to making a claim 2 Our guide to making a clinical negligence claim At Kingsley Napley, our guiding principle is to provide you with a dedicated client service and we aim to make the claims process

More information

Alternative Dispute Resolution

Alternative Dispute Resolution Alternative Dispute Resolution Michael Cohen, Chairman Emeritus, The Academy of Experts, Past President, EuroExpert Before even starting to look at ADR (Alternative Dispute Resolution) it is important

More information

The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES

The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES With the advent of the revised Rules of Court, it was thought appropriate to issue

More information

briefing Guide to litigation funding

briefing Guide to litigation funding briefing Guide to litigation funding The potential cost of litigation can be a major deterrent to bringing or defending legal proceedings even where there is a good chance of succeeding. Cost can be the

More information

A LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA

A LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA A LAWYER S CREED OF PROFESSIONALISM OF THE STATE BAR OF ARIZONA Preamble As a lawyer I must strive to make our system of justice work fairly and efficiently. In order to carry out that responsibility,

More information

Hijacked by Ulterior Motives:

Hijacked by Ulterior Motives: Hijacked by Ulterior Motives: The Manipulation of the Mandatory Mediation Process in Ontario By: Bruce Ally B.A., M.A., PhD., OCPM., & Leah Barclay B.A. Adv. The use of mediation as a method of conflict

More information

Alternate Dispute Resolution and Asbestos

Alternate Dispute Resolution and Asbestos Page 1 of 6 Alternate Dispute Resolution and Asbestos From National Insulation and Abatement Contractors' Outlook Magazine, April 1990 John E. Osborn The 1980 s have seen the passage of a massive volume

More information

Conditional Fee Agreement: What You Need to Know

Conditional Fee Agreement: What You Need to Know Conditional Fee Agreement: What You Need to Know This document forms an important part of your agreement with us. Please read it carefully. Definitions of words used in this document and the accompanying

More information

Policy and Procedure for Claims Management

Policy and Procedure for Claims Management Policy and Procedure for Claims Management RESPONSIBLE DIRECTOR: COMMUNICATIONS, PUBLIC ENGAGEMENT AND HUMAN RESOURCES EFFECTIVE FROM: 08/07/10 REVIEW DATE: 01/04/11 To be read in conjunction with: Complaints

More information

Family Law Dispute Resolution Options

Family Law Dispute Resolution Options Family Law Dispute Resolution Options If you are presented with a divorce or other family law matter which requires a resolution, there are a number of procedural models which may be used. The most commonly

More information

Conditional Fee Arrangements, After the Event Insurance and beyond!

Conditional Fee Arrangements, After the Event Insurance and beyond! Conditional Fee Arrangements, After the Event Insurance and beyond! CFAs, ATEs, DBAs Let s de-mystify the acronyms! 1. Conditional Fee Arrangements 1.1. What is a Conditional Fee Arrangement A conditional

More information

PAPER REFERENCE: IPLC1 MARK AWARDED: 36

PAPER REFERENCE: IPLC1 MARK AWARDED: 36 PAPER REFERENCE: IPLC1 MARK AWARDED: 36 Question 1 This is the sentence or two which summarises why the case will succeed. It will distil the strongest evidence supporting a fact which satisfies the relevant

More information

ROLE OF ATTORNEYS IN MEDIATION PROCESS

ROLE OF ATTORNEYS IN MEDIATION PROCESS ROLE OF ATTORNEYS IN MEDIATION PROCESS Overview A party who chooses to resolve a dispute through mediation may or may not be represented by a lawyer at any point in the process. At the option of the party,

More information

Clinical Negligence. Issue of proceedings through to Trial

Clinical Negligence. Issue of proceedings through to Trial Clinical Negligence Issue of proceedings through to Trial Lees Solicitors LLP 44/45 Hamilton Square Birkenhead Wirral CH41 5AR Tel: 0151 647 9381 Fax: 0151 649 0124 e-mail: newclaim@lees.co.uk 1 1 April

More information

preparing for M e d i a t i o n

preparing for M e d i a t i o n preparing for M e d i a t i o n 2 What is Mediation? 3 Selecting a Mediator Why and How to Prepare for Mediation 4 Consider Getting Advice Issues to Consider Before a Mediation Session 6 How to Approach

More information

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost

Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost Court of Appeal warning about no win no fee agreements Pankhurst v White and MIB grotesque fee arrangements both sides paid the cost On the 15 th December 2010, the Court of Appeal fired a warning shot

More information

The Jackson Reforms Jan Thompson, Director

The Jackson Reforms Jan Thompson, Director The Jackson Reforms Jan Thompson, Director In response to the perceived compensation culture in our civil justice system, the government has announced their intention to implement the majority of Lord

More information

A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE

A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE A CLIENT GUIDE TO CLAIMING DAMAGES FOR CLINICAL NEGLIGENCE 1. INTRODUCTION Making a claim for damages (compensation) for clinical negligence can be a worrying and stressful experience. We recognise that

More information

Winding Up Petition Guide how to deal with one

Winding Up Petition Guide how to deal with one A Practical Guide for Directors and Shareholders prepared by K2 Business Rescue a trading name of K2 Partners (Rescue) Limited Winding Up Petition Guide how to deal with one 1. INTRODUCTION This Guide

More information

Finding and choosing a mediator

Finding and choosing a mediator Finding and choosing a mediator Thinking about mediation? This leaflet is for you if you ve heard about mediation and you re interested in trying it to resolve a dispute you are involved in. Or perhaps

More information

Divorce Magazine Interviews Judith S. Charny

Divorce Magazine Interviews Judith S. Charny Divorce Magazine Interviews Judith S. Charny Judith Charny explains child custody laws in New Jersey including interstate relocation, college costs, post-divorce modifications and different approaches

More information

What to Expect In Your Lawsuit

What to Expect In Your Lawsuit What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.

More information

I. ADR IS APPROPRIATE FOR MOST ANTITRUST CASES A. Big Picture How Best to Resolve Antitrust Case?

I. ADR IS APPROPRIATE FOR MOST ANTITRUST CASES A. Big Picture How Best to Resolve Antitrust Case? What Every Antitrust Lawyer Should Know About Alternative Dispute Resolution November 6, 2003 Presentation at the ABA 2003 Administrative Law Conference by Keith L. Seat 1 I. ADR IS APPROPRIATE FOR MOST

More information

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section

Missouri Small Claims Court Handbook. The Missouri Bar Young Lawyers' Section Missouri Small Claims Court Handbook The Missouri Bar Young Lawyers' Section TABLE OF CONTENTS I. INTRODUCTION TO THE SMALL CLAIMS COURT...1 Page II. THINGS TO CONSIDER BEFORE BRINGING A CLAIM...1 A. WHO

More information

Should I go to Court?

Should I go to Court? Should I go to Court? lle: 8/16 Main St, Huonville 7109 DX 70754, Huonville PO Box 239, Huonville 7109 Ph: 03 6264 2967 Level 1, 18 Elizabeth St, Hobart 7000 DX 231, Hobart GPO Box 16, Hobart 7001 Ph:

More information

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit

You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit You ve Been Sued, Now What? A Roadmap Through An Employment Lawsuit California employers facing their first employment lawsuit can be in for a rude awakening. Such lawsuits are a harsh introduction to

More information

Resolving Workplace Disputes

Resolving Workplace Disputes By: Lauren M. Bernardi Workplaces are breeding grounds for conflict, including those arising out of harassment, discrimination and personality clashes (between employees or between employees and their

More information

Preparing to Win the Mediation

Preparing to Win the Mediation Preparing to Win the Mediation By Thomas G. Heintzman, O.C.Q.C. and Paul Wilmshurst 1 He never wants anything but what s right and fair; only when you come to settle what s right and fair, it s everything

More information

GA/2014/0002. Greene King Brewing and Retailing Ltd Greene King Retailing Ltd

GA/2014/0002. Greene King Brewing and Retailing Ltd Greene King Retailing Ltd FIRST-TIER TRIBUNAL GENERAL REGULATORY CHAMBER Gambling Tribunal Reference: Appellant: Respondent: Judge: GA/2014/0001 Greene King Brewing and Retailing Ltd The Gambling Commission NJ Warren DECISION NOTICE

More information

Developing Policies, Protocols and Procedures using Kotter s 8 step Change Management Model

Developing Policies, Protocols and Procedures using Kotter s 8 step Change Management Model 2013 Developing Policies, Protocols and Procedures using Kotter s 8 step Change Management Model Marion Foster Scottish Practice Management Development Network [Pick the date] IMPLEMENTING CHANGE POWERFULLY

More information

AE RISK REVIEW A PUBLICATION FOR DESIGN PROFESSIONALS YOUR RISK MANAGEMENT CONNECTION. Prevailing Opinions on Prevailing Party Contract Clauses

AE RISK REVIEW A PUBLICATION FOR DESIGN PROFESSIONALS YOUR RISK MANAGEMENT CONNECTION. Prevailing Opinions on Prevailing Party Contract Clauses AE RISK REVIEW A PUBLICATION FOR DESIGN PROFESSIONALS YOUR RISK MANAGEMENT CONNECTION This material is provided for informational purposes only. Before taking any action that could have legal or other

More information

9 secrets most divorce lawyers won t tell you

9 secrets most divorce lawyers won t tell you 9 secrets most divorce lawyers won t tell you CONTENTS Introduction Why is Divorce So Difficult? 1. Your Lawyer s Outlook Matters - Your Attorney s Outlook on Divo rce 2. Your Lawyer s Experience Matters

More information

Mediation, Judicial Settlement Conferences and Negotiation Skills

Mediation, Judicial Settlement Conferences and Negotiation Skills Mediation, Judicial Settlement Conferences and Negotiation Skills Ken Weber Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. 211 Commerce Street, Suite 800 Nashville, Tennessee 37201 (615) 726-7369

More information

MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE

MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE MINIMIZING THE FINANCIAL AND EMOTIONAL PAIN OF DIVORCE By: David M. Wildstein, Esq. 1 A divorce proceeding can be emotionally and financially draining to the parties. The emotional components conjure up

More information

Written evidence for the Department of Business, Innovation and Skills: a small business commissioner

Written evidence for the Department of Business, Innovation and Skills: a small business commissioner Written evidence for the Department of Business, Innovation and Skills: a small business commissioner About ACCA ACCA is the global body for professional accountants. We aim to offer business-relevant,

More information

LEGAL PROJECT MANAGEMENT

LEGAL PROJECT MANAGEMENT LEGAL PROJECT MANAGEMENT Cost management of litigation is becoming a focus of legislators in both Australia and the UK, in an attempt to streamline litigation and ensure costs are proportionate. The Civil

More information

LEGAL SCHEME REGULATIONS

LEGAL SCHEME REGULATIONS LEGAL SCHEME REGULATIONS These Regulations came into force on 1 July 2014. 1 Introduction 1.1 These Regulations govern the Union s legal Scheme. The Rules of the Union set out your other rights and entitlements.

More information

Learning The Art Of Negotiation. Pennsylvania Bar Institute Summer 2014

Learning The Art Of Negotiation. Pennsylvania Bar Institute Summer 2014 Learning The Art Of Negotiation Pennsylvania Bar Institute Summer 2014 Scott B. Cooper, Esquire SCHMIDT KRAMER P.C. scooper@schmidtkramer.com 717-888-8888 or 717-232-6300 (t) 717-232-6467 (f) 209 State

More information

DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety

DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety DEPARTMENT OF HEALTH FIXED RECOVERABLE COSTS PROPOSALS FOR CLINICAL NEGLIGENCE: Implications for patients access to justice and for patient safety Briefing by Action against Medical Accidents (AvMA) October

More information

All About Motions To Dismiss

All About Motions To Dismiss All About Motions To Dismiss Edna Sussman Motions to dismiss can be big winners or big losers. IT CAN BE one of the most satisfying experiences for a litigator. You pinpointed the fatal flaw in your opponent

More information

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC )

1.1 Explain the general obligations of a claimant and defendant under the Practice Direction on Pre- Action Conduct ( PD-PDC ) Title Preparations for Personal Injury trials Level 4 Credit value 10 Learning outcomes The learner will: 1 Understand the procedures which a litigant should follow before court proceedings are issued

More information

DEPOSITION LETTER. Dear Client:

DEPOSITION LETTER. Dear Client: DEPOSITION LETTER Dear Client: The attorney for the defendant has requested your deposition as part of the discovery which you must provide in your lawsuit. A deposition is the defense attorneys' opportunity

More information

Winning at Mediation

Winning at Mediation Winning at Mediation. Patricia A. Siuta Mediator, Arbitrator President, Training & Consulting Division Henning Mediation & Arbitration Service, Inc. 3350 Riverwood Parkway, Lobby Suite 75, Atlanta, Georgia

More information

Role of Executors (and Trustees) in claims

Role of Executors (and Trustees) in claims Role of Executors (and Trustees) in claims The role of executors in claims against an estate depends very much on the type of claim being advanced. As we can see in the presentation, executors often feel

More information

Alternative Disputes Resolution ADR

Alternative Disputes Resolution ADR Alternative Disputes Resolution ADR Craig H. Unger, DBIA Santiago, CHILE --- April 20, 2006 NOTE: Over 90% of all US docketed court cases are eventually settled before or during trial 2006 1 ADR Winning/Losing

More information

PERSONAL INJURY SETTLEMENTS

PERSONAL INJURY SETTLEMENTS PERSONAL INJURY SETTLEMENTS Negotiating Techniques Settling cases and winning jury verdicts is the lifeblood of any successful plaintiff s law practice. So how do you turn a case into a settlement check?

More information