Topic
Mediation
917 published works
Law Web
Bombay HC: Mediation Act 2023 Does Not Confer Power On Courts To Mandate Mediation Without Mutual Consent Of Parties
By Law Web
Conclusion :-15. The Mediation Act, 2023 does not provide for any mandatorymediation nor does it confer any power on the court to ordermediation without consent of all parties. The procedure prescribedunder…
Tucker Arensberg Blog
ABA Formal Opinion 518 – Ethical Guidance for Lawyer-Mediators
By Honorable (Ret.) Judith K. Fitzgerald
By Hon. Judith K. Fitzgerald (Ret.), jfitzgerald@tuckerlaw.com, (412) 594-3933 The American Bar Association (ABA) states on its website: “The ABA was founded in 1878 on a commitment to set the legal and…
Bill Madden's Blog
Civil liability – Mediation non attendance.
By Bill Madden
Reissis v Xafellis & Anor [2026] NSWSC 372 (Link to Caselaw). Of general application is this matter where the defendants fail to attend an appointed court annexed mediation without reasonable…
Employment Law Worldview
Employment reform in motion – why additional time may not heal the system
From 1 December, the Acas early conciliation period was extended from six to twelve weeks. The intention was clear: to ease growing administrative pressures on Acas at a time of rising…
The Bankruptcy Soap Box
Can you file bankruptcy tomorrow?
By Cathy Moran
Most people clearly have little sense of how long it takes to file bankruptcy. Proof is what happened Monday: there’s an email the morning’s inbox from a client whom I…
Herold Gie News
You can doubt it, but you can’t dodge it: The hard truth about Court Annexed Mediation
By HGAdmin
The Gauteng Division of the High Court has introduced mandatory court-annexed mediation and the mediation protocol. But what happens when a party simply refuses to cooperate? Can a litigant’s belief…
Law Firm Carolinas Blog
Are Parties in the Same Room During Family Financial Mediation?
For a general overview of custody mediation statewide, see What to Expect in Private Family Financial Mediation in North Carolina. The answer is sometimes. When people first hear about mediation, they…
Unpredictable
Mediation: Day Two
By Will Newman
I still identify as a mediation skeptic, but I feel better about it now than I did when I first wrote about the subject in early 2021. With the benefit…
Law School Policy Review & Kautilya Society
A Tool for Justice or an Unfulfilled Promise: Why Mediation Falls Short for Marginalised Communities
Anshika Patel & Arkkisha Bagchi Source: Wikimedia Commons Abstract: This article critiques mediation in India as an unfulfilled promise to marginalised communities, despite the seemingly ideal framework of the Mediation…
Delaware Business Dispute Blog
What Makes Business Dispute Mediations Succeed in Delaware
By Carl D. Neff
I have spent the better part of my career litigating business disputes in the Delaware Court of Chancery, the Delaware Superior Court, and the United States Bankruptcy Court for the…