Дата публикации: 2018-05-27 14:53
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Even with short notice, Osborn Maledon's Alternative Dispute Resolution attorneys can provide parties in a dispute with a thoroughly-prepared, fair and efficient neutral in any area of substantive commercial law. These include:
Joan is an author, therapist, mediator, and parenting coordinator with four decades of experience working with high conflict parents who are separating.
Mediation as an alternative method of dispute resolution is fast becoming a more popular means of resolving disputes. With the assistance of a mediator parties can negotiate settlement to bring an end to their dispute outside of the court system, in a fast, cost effective manner.
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An unreasonable refusal to mediate will be punished by a costs sanction. This was re-affirmed by the Court of Appeal last year in the case of PGF II SA v OMFS Company Limited. The High Court has recently awarded indemnity costs against a defendant that persistently refused to mediate. In Garritt-Critchley v Andrew Ronnan and Continue Reading
The dispute resolution clause in a commercial contract is sometimes referred to as the “midnight clause” because it is often addressed at the end of contract negotiations (and many times after midnight) as an “afterthought,” with very little consideration given to its consequences. Many times the lawyer drafting the contract will use whatever dispute resolution clause was used in the last contract he or she drafted, considering it to be a “standard” or “boilerplate” provision. There is, however, no such thing as a “standard” or “boilerplate” dispute resolution clause.
In our mediation efforts, once we are in the realm of “public policy,” we are inevitably poking our noses into questions of intergenerational equity and “governance” and how authentic collaboration can be achieved or improved.
The attorneys in Osborn Maledon's Alternative Dispute Resolution group serve as advocates and third party neutrals, and are among the most experienced and well-respected ADR attorneys in Arizona. Fully conversant and experienced in the main routes to ADR - negotiation, mediation, collaboration, and arbitration - Osborn Maledon's ADR attorneys specialize in solving commercial disputes without resorting to expensive litigation. We assess the relative merits of mediation and arbitration in any type of dispute and recommend the optimum course, serving as advocates where appropriate or as neutral facilitators, mediators or arbitrators.
The parties can select the person they consider appropriate to mediate their matter, depending on the nature of the dispute. The mediator may be a lawyer or someone with technical expertise or experience in a particular sector relevant to the issues in dispute.