Juris Resolutions Limited
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Should a Mediator be Facilitative or Evaluative?
There is much debate among legal professionals and indeed mediators as to whether a good mediator should be facilitative – that is someone who merely facilitates negotiations between the parties without imposing any personal opinions on the negotiations, or evaluative – that is someone who provides an opinion to the parties and/or who encourages the parties towards his or her view of an appropriate resolution.
Mediated Settlement Agreements and Videoconferencing
In a mediated settlement, the drafting of a settlement agreement is the responsibility of the parties. The mediator can of course be available to facilitate the settlement process and to help the parties resolve any drafting problems.
Using the Mediator to Advantage
Mediators prefer to be facilitative rather than evaluative. This is because no one can know a case as well as the party presenting it, and a mediator who presumes to do so risks making a serious error of judgement.
Juris delivers a well-received Masterclass to the Insurance Institute of NI
On 17 October Juris delivered a well-received Masterclass to the Insurance Institute of NI as part of their ongoing programme of CPD events for members.
Juris In Lawyer’s Monthly Magazine
With Martin Blake being last year’s winner for International Practice Lawyer of the Year in our Legal Awards, we decided to get in touch with him and his team at Juris Resolutions, who discuss all you need to know about ADR.
The Irish solution to some difficult issues – a rolling compromise?
Since 2017 the Republic of Ireland has a Mediation Act which aims to provide a structured development for ADR processes whilst seeking not to be too prescriptive.
Thoughts on Alternative Dispute Resolution
It is a sad reality of life that people get involved in disputes. The resolution of such disputes has traditionally involved litigation and use of the courts. However, while the courts should be capable of resolving disputes expeditiously and cost…
Mediation of Matrimonial Property Disputes
When a family relationship breaks down, deciding how to allocate the family resources can be a difficult and emotionally charged problem. The traditional form of resolving such a problem has been through litigation in the courts. However, it is…
Alternative Dispute Resolution in Construction Disputes
Introduction Parties involved in construction disputes may have a choice of four methods of dispute resolution: litigation, arbitration, adjudication and mediation. Those other than litigation are commonly referred to as methods of “alternative…
Guest Speaker Appearance At PEOPIL Conference
Martin discussed ‘Mediation in Personal Injury Cases’ and shared his knowledge of over 40 years’ litigation experience and involvement in approximately 100 mediations.
Understanding the Economics of the Litigation
It is essential that the party representative has reliable information about the legal costs (fees and expenses) incurred to date and the costs likely to be incurred if the case does not settle. These costs are an important part of the settlement…
The Presence of Decision Makers is Essential
A mediation is unlikely to be successful unless those with the right and the power to make a settlement are present. This means that the plaintiff and the defendant must be present. If either party is an entity, an authorised representative must be…
The Contents of a Good Mediation Brief
A good mediation brief should be a reasoned statement of the party’s case, backed up by reference to facts, witnesses, documents or any other forms of evidence as well as, where appropriate, a discussion of applicable law. Writing a good mediation…
Advanced Mediation Skills for Lawyers
Good written and oral advocacy skills help the mediation process to work successfully. Having skillful lawyers involved in the mediation process helps mediators get cases resolved. Lay clients involved in mediation can also benefit from these…
The Benefits of Arbitration
Clients and lawyers often believe that a court trial is the only way to resolve a dispute that cannot be settled. They proceed along the railway lines of litigation…an endless track of expense, delay, discovery disputes and eventually
How to be a More Successful Mediation Lawyer
It is tempting for those who are not trained and experienced in mediation to conclude that since no courtroom is involved, the process is one where advocacy skills are unimportant and thorough preparation is unwarranted. Such a response does a…