Tag Archives: mediation

Dispute resolution clauses: When the road to a binding determination is paved with non-binding options

The recent case of Contract Control Services v Department of Education and Training [2017] VSC 507 provides further clarification on what constitutes a ‘method of resolving disputes’ for the purpose of satisfying the requirement in section 10A of the Building and Construction Industry Security of Payment Act 2002 (Act). The case makes it clear that it is possible to mandate a process of dispute resolution that includes non-binding steps, so long as it culminates in a binding determination.

Contract Control Services (CCS) entered into a construction contract with the Department of Education and Training (DET) in 2013 for construction works and related goods and services for the construction of the Bendigo Senior Secondary College Theatre Project.

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Sit, Fung, Kwong & Shum organize seminar on mediation

As part of its drive to promote mediation, the Department of Justice organized a seminar on mediation during its “Meditate First” Pledge 2017 campaign.

Senior Partner C. K. Kwong and Consultant Sylvia Siu were invited by the DOJ to be speakers at the Panel on Commercial Disputes on 13th June 2017 at the Hong Kong Convention and Exhibition Centre. The Seminar began with an opening speech by the Registrar of the High Court, Mr. Lung Kim-wan which was immediately followed by a Mock Mediation and the Panel Session. A Reception followed the event with welcome remarks delivered by the Honourable Mr. Rimsky Yuen SC and keynote speech by the Honourable Mr. Justice Lam, V-P.

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Lidings’ Partner Andrey Zelenin Selected by His Peers for Inclusion in the Best Lawyers in Russia Rating

Best Lawyers, an international legal directory annually identifying the most prominent lawyers around the world by analyzing their professional skills and achievements during the year, as well as their business reputation based on the feedback of peers from their respective jurisdictions, lists Lidings’ partner Andrey Zelenin as one of the best  lawyers in Russia in three key practice areas. Based on the results of the 2015 research, Andrey heading the firm’s dispute resolution practice is recommended in arbitration and mediation, litigation and corporate practice areas.

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The Confidentiality Of Mediation In New York May Not Be Assured

New York mediator, Richard S. Weil, poses the question in his New York Law Journal article, dated October 25, 2012, “Is Mediation Confidential in New York?”

As Mr. Weil observes, confidentiality is a critical element in a mediation. Confidentiality allows participants to speak frankly without fear that their statements and admissions will be used against them if the case goes to trial. However, mediation may not always be confidential in New York and prudent measures may be appropriate in certain instances to assure the confidentiality of a mediation proceeding. There is no state statute that assures confidentiality.

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David L. Newman coauthors article in SRR Journal on ADR process and use of damages experts

Arnstein & Lehr Attorney David L. Newman

David Newman

Arnstein & Lehr Chicago Partner David L. Newman has coauthored an article that was recently published in the SRR Journal, titled “New ADR Process Facilitates Call by Judges Rader and Posner for Better Use of Damages Experts in Patent Litigation.” The article discusses earlier use of damages experts as part of an improved alternative dispute resolution (ADR) process. Mr. Newman and his coauthors argue that, in many circumstances, earlier use of damages experts will provide superior ADR proceeding results while more effectively using damages experts in a less costly manner.

To read the article in full, click here.

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James A. Chatz to speak at attorney-mediator forum

 

Arnstein & Lehr Attorney James A. Chatz

James A. Chatz

James A. Chatz, of counsel in the Chicago and Miami offices of Arnstein & Lehr LLP, is presenting at the Tuesday, May 8 DePaul University CDR/AAM Illinois Attorney-Mediator Forum. His presentation is entitled “Great Result – A Successful Mediation (The loser can’t pay or perform. What to do – remedies, options for both the debtor and the creditor).” Jimmy is a certified mediator and arbitrator, having completed the Northwestern University Mediation Training Professional Development Program.

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James Chatz creates mediation center for business dispute resolution

Arnstein & Lehr Attorney James Chatz

James A. Chatz

Chicago Partner James A. Chatz, a certified mediator, is one of the principals of Commercial Dispute Resolution, LLC (CDR). The company was founded just this year and seeks to provide alternate dispute resolution for a variety of commercial issues and business disputes. Please review their website: www.cdr-mediation.com. Mr. Chatz recently completed Northwestern University’s Mediation Training Professional Development Program.

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