With the publishing of the Rules, Court-Annexed Mediation becomes a reality in South Africa’s Civil Justice System on 1 December 2014 at certain Magistrates courts. The Rules offer an opportunity to attorneys to represent their clients during the voluntary mediation process. LEAD offers a 5-day workshop (tamara@LSSALEAD.org.za) to train attorneys as mediators.This video gives a short summary of the Rules
Jean Munroe demonstrates the four phases of the mediation process. “Harry” and “Sally” are Tennessee residents in the midst of a divorce. They have a thirteen year old son, and a home that they have owned for several years. Watch as Jean guides them and their respective lawyers through the mediation process.
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Access to courts to resolve disputes and get justice is a right granted to all South Africans. But to many, exercising that constitutional right remains a pipe dream. However, the introduction to Court Annexed Mediation to resolve disputes in our court system, is set to bring the poor closer to obtaining justice. What will this move entail?
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In this clip from The Defense Never Rests podcast episode 9, Philadelphia mediator Barbara Lyons and Judge Michael Snyder discuss opening statements at mediation. Do you think they are less useful than attorneys think? Let us know what you think in the comments below.
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WHAT TO WATCH NEXT
? Defense Attorneys on Plaintiff Likability: https://youtu.be/8e_-o7e15DM
? Defense Team on The Plaintiff’s Attorney: https://youtu.be/AUnXOgsjjeE
? Unexpected Deman Rise from Plaintiff’s Counsel: https://youtu.be/C8cZWYUlR-8
WHEN CLIENTS WORK WITH ME THEY SEE:
?Early case assessments, within 60 days, so that they can see the strengths and weaknesses of their case EARLY!
?Vetted exit strategies within 60 days, that allow them to decide EARLY what the best course of action is for their particular case!
?A deliberate approach to what we spend in litigation because we don’t do everything; we do what generates the most ROI for that particular exit strategy. (Ex. If you want an early mediation, we may not even need to take Plaintiff’s deposition).
?If desired, a legal budget (a real one) within 30 days so that you can see what you are about to spend.
?Internal M&A SOPs that mirror our litigation philosophy, i.e. automated 30 and 60 day reminders upon file opening, weekly reports on reporting deadlines, daily and weekly diary reminders on reporting, exit strategies and discovery deadlines.
ABOUT ME
My name is Patricia Baxter. I am a managing partner helping companies keep their litigation costs under control & close files! I collaborate with insurance companies and self-insured businesses to reach their goals. In addition to my role as an active trial attorney, I also specialize in early and efficient dispute resolution.
My practice is concentrated in 3 main areas: products liability, aviation, and premises liability. With products liability I represent manufacturers and distributors of various powered industrial machinery/equipment; industrial/commercial equipment; medical devices; construction equipment; food service products; cosmetic products; aviation component parts; automotive OEM and aftermarket component parts; elevators; plumbing, electrical and lighting fixtures; and recreational equipment and related component parts. With aviation I represent airlines and aviation vendors, including skycaps, wheelchair handlers, plane cleaners, baggage handlers, Jetway operators, tarmac mechanics and more. With premises liability I represent large commercial landowners and facility management companies with high self-insured retentions.
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Attorney Phil Creel teams up with Kabrina Bass, Executive Director of Midlands Mediation Center, to outline how mediation works and why it works. Many of your questions about mediation are answered in this episode of Level Up Law.
Life Sciences | Gr12 | Mediation of Life Sciences Examination Guideline | FSDOE | FS IBP Online | 14062021
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Mediation is a type of alternative dispute resolution or ADR. You may also see arbitration stated as a form of alternative dispute resolution. Disputes are traditionally fought in court, but litigation is a rough process.
Arbitration is time-consuming, expensive and can end up looking a lot like arbitration.
Mediation is different from arbitration and litigation in that there is no deciding party like a judge or arbitrator. The benefit of mediation
is that it provides a chance for the disputing parties to settle their dispute in a much more cost-effective and efficient manner before jumping to more expensive means of dispute resolution mechanisms.
So, you should almost universally include mediation as a dispute resolution mechanism in your contracts. However, there are instances in which I would advise against including mediation provisions in your contracts and certain considerations to make if you decide to do so.
As always, ask me any questions that pop up after watching the video!
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About me:
My 20+ years of experience in business finance, business law and entrepreneurship have led me to believe that numbers and logic are awesome tools, but understanding human nature and emotions is the first step to business success.
The Cenkus Law Firm provides services related to mergers & acquisitions, general business issues and startups, including founders’ agreements and fundraising. I also consult with entrepreneurs and have invested my own capital as an angel investor.
From 2010-2013 I served as Chief Legal Counsel of a publicly-trade international oilfield services company. From 2001 to 2006 me and a partner founded and built Paragon Residential Mortgage. Paragon was sold to Bridge Investments in 2006.
I hold a Juris Doctorate from Harvard Law School and a Bachelor of Arts degree in Economics from Messiah College in Grantham, Pennsylvania.
Now, I live in Austin, TX with my wife and two kids. I enjoy reading, running, classic movies, great food and wine and some great American football.
Demo of a court-referred mediation by Charlie Irvine, Course Leader on Strathclyde’s LLM/MSc in Mediation and Conflict Resolution. The parties are played by Maggie MacRitchie and Paul Darroch. This clip demonstrates Charlie’s ‘activist’ style of mediation and the use of private sessions to assist financial negotiation.