When most people, including corporations, invest capital in a business venture, their focus is almost invariably on the prospect of profitable returns, returns and returns. Hardly will you ever hear investors mention goodwill and healthy business relationships in their priority list. Yet these are the most valuable assets in any business undertaking. Loss of goodwill […]
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The debate as to whether court-mandated mediation offends the right of access to justice by litigation is never-ending; at least not soon. The reality of the matter, though, is that it is inoffensive, and works to the best interest of the parties. Besides being party-controlled, it is efficient, expeditious and cost-effective. I believe that the Italian model discussed in the article below helps to rest the unnecessary debate that emerges merely as academic and intended to leave legal counsel in control of the judicial process where the money is. But how about the real interests of their clients? Does it really matter? Maybe, maybe not. At least not where the profession is concerned. So what is paramount: the elegance of legal practice in litigation or the real benefits of dispute resolution? Decide for yourselves.
Has it ever occurred to you that money-lending and debt recovery reveal the two faces of a financial institution? While a banker is more than eager to lend money with a big smile on their face, the process of debt recovery from a defaulting borrower and the conventional method of enforcing the security can be
Three Fatal Mistakes Bankers Make in Debt Recovery Read More »
When you walk into a lawyer’s office, the welcoming smile of the office administrator and the legal counsel whom you seek to consult disarms you and puts you at ease. There are those who require you to pay a significant sum of money to “open a file,” and there are the few who will give
The acronym “FACES” is not my invention, even though I cannot remember from where I picked it in my voracious reading habits. The acronym forms the foundation for understanding one’s mate, and helps the mediator to have a structured approach to managing marital or other family conflicts. You will agree with me that disputes do
The FACES of Your Spouse: What Makes or Breaks Your Marriage Read More »
Mediation is steadily picking pace and is gradually becoming the conflict management and dispute resolution method of choice. However, the majority of Kenyans are yet to appreciate the nature and form of this alternative dispute resolution mechanism. It is not uncommon to hear people likening mediation to negotiation, and arbitration to mediation. But that is a subject for another day. In today’s article, we aim to identify the types of disputes, and the factual situations in which mediation is appropriate or inappropriate.
Mediators differ in shades, shapes and sizes. Their skills and areas of expertise are diverse, and so are their style and approach. Their diverse personal skills count towards the outcome of a mediation. They may or may not meet your expectations….Read More
Among the resources employed in wealth production in its diverse range of goods and services, human capital stands out as the most important. All other factors and resources are dependent on its efficiency, adequacy and integrity. It is the one resource that, if ill managed, would send entire enterprises tumbling down. It is human capital
ADR mechanisms in Africa trace back to the very origin of mankind. Today, the spectrum of dispute resolution mechanisms in Africa is shaped by multiple legal orders, which include: (a) informal community-based justice systems; (b) traditional dispute resolution mechanisms; (c) commercial arbitration and ADR (either backed by statute or founded on contractual relations); and (d)
Disputes are as old as the human race. They are a common feature of social and legal relations between individuals, corporate and state parties both at domestic and international level. Their continued escalation calls for the establishment of elaborate systems of conflict management and dispute resolution or determination. Such a system would accommodate the increasing