mediation Articles
Mediation – Why Bother?
May 22nd, 2015 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 »
“We Won’t Go To Court” Arbitration Clauses
October 17th, 2013 by | Commercial Transactions, Court Disputes
A familiar term of many contracts is what lawyers call a “Scott v Avery” (Scott v Avery (1856) 5 HLC 811) clause. This is a clause saying the parties to the contract, who have a dispute arising from the contract, agree in advance that neither will bring an action in Court until arbitration has been… Read more »
