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litigation Articles

Drawing the Line: Finality in Litigation

by | Court Disputes

The Court promotes finality in litigation. That is, once a Court has given a judgment which is ‘perfected’ (broadly speaking, a court’s equivalent to ‘signed, sealed and delivered’), then the matter is over. This is subject to certain exceptions, the most significant of which are: (1) a statutory right of appeal; and (2) a right… Read more »

Mediation – Why Bother?

by | Court Disputes

In legal disputes, mediation is often raised as an alternative to Court proceedings.  Why?  Why not leave it to the Judge or, alternatively, simply sit down with the enemy and arrange a truce over a coffee?  Let’s look at these possibilities – trial or negotiation – and come back to mediation. The Trial Model The… Read more »