News

  • Italy sets example for EU on legal mediation

    In 2011 Italy was already ahead of the game and being looked at as a possible EU model of best practice on mediation. These new Italian rules introduce a smarter form of mandatory mediation, asking litigants to start a mediation process, but allowing them to withdraw from the process at the beginning of the mediation for a nominal cost, if they think that the conditions for settling are not there...for individuals or businesses going to court is often a long, drawn out and costly affair. Mediation can be a flexible, speedy and cost-effective alternative solution. In the UK alone litigation worth 200,000 Euros takes around 333 days to solve via the courts, and costs an average of 51,000 Euros. In contrast, mediation would...cost only a fraction of the price...roughly 9,000 Euros. The EU needs to learn from this new Italian model and do more to encourage and promote mediation as an alternative to legal proceedings. It’s better for individuals and for business.
  • How To Turn Mediation Into A Profession (NZ, AU, International)

    This paper was written by Kim Lovegrove. This paper was presented at the 'Best Practice Dispute Resolution' seminar in Auckland, New Zealand, last week, which Professor Lovegrove Chaired. The key note speaker was the Honourable Judith Collins Minister for Justice in New Zealand...
  • Law Practice opinion - Mediate before you litigate

    The "fighting it out in court" and "don't speak to me, speak to my attorney" approach has dominated the civil justice system for decades; however things are about to change significantly. Recently, the Department of Justice published a set of mediation rules, which looks to be implemented in the High Courts of South Africa by August 2013. So what does this mean? The rules introduce a court-based mediation process whereby parties to a civil dispute will have the option to refer the dispute to mediation. If the other party refuses to participate in the mediation process and such refusal is found to be unreasonable by the court at the trial, that party faces the possibility of a hefty costs order. Mediation has become increasingly popular as an alternative means of resolving...
  • Video Example of Online Mediation of an International Dispute

    Thanks to mediators Beatriz Rodriguez de la Flor (in Spain), Judith McKimm and Miryan Gharibo (in Austria), on May 27, 2013 the Virtual Mediation Project ran and video recorded an online mediation simulation of a international case, in which Judith played the role of a bilingual (German/Spanish) mediator. After their online mediation session, we had a “What Did We Learn?” discussion (in English), to talk about: How Judith, the bilingual mediator, experienced her first online mediation via Skype ...
  • Mail&Guardian Article on legal fee capping

    M&G feature - Call for more public say in legal fees - The African National Congress has rejected self-regulation and has accused members of the Bar of self-interest ...
  • USA - Mediation & Arbitration Are Going Online!

    USA - Just as mediation and arbitration expanded dispute resolution options beyond litigation over the past three decades, online dispute resolution (ODR) is now expanding mediation and arbitration online. Resourceful ...

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