Lawyer Monthly Magazine - April 2019 Edition

About Martin Blake Director Martin, who began his career as a barrister, is a California attorney, mediator and pro tem settlement judge in San Francisco who has been named in “Best Lawyers in America” every year since 2006. About Kathy Sinclair Director Kathy is a successful Northern Ireland solicitor of over 30 years’ experience, an ACAS accredited mediator and one of the first in Ireland to write and deliver a university course in Alternative Dispute Resolution (ADR). agreed timetable of discovery and hearing. This process expedites the resolution of the dispute and ensures that the decision will be final and binding. The process avoids wasting time, gives the parties privacy and allows a decision to be made by someone in whom all parties have confidence. Early Neutral Evaluation Early neutral evaluation is a process in which parties that cannot agree on an important point or points, can hire a neutral expert to consider the issues and provide an informal but independent opinion of how it ought to be resolved. This evaluation can be given privately to individual parties, or jointly to all parties, and can help steer the dispute to a sensible resolution. What types of disputes are suitable for ADR? Almost all disputes are suitable for ADR, though some are particularly suited because of its benefits. Thus, in disputes where privacy is important or where continuing relationships need to be preserved – for example, commercial disputes or family disputes – ADR is advantageous because it is entirely private and confidential. Are different approaches needed for mediation as compared to litigation? In litigation, there is a slow, contentious and expensive journey to trial. Parties often feel they have a back seat in a vehicle driven by lawyers that cannot be stopped until a judge renders a decision. In mediation, however, it is the parties, rather than the lawyers, who are encouraged and allowed to drive the settlement process because, by being empowered, they have greater ability to find common ground that is essential to every resolution. This process involves a willingness to listen to the other side and to compromise as appropriate. What makes a suitable mediator or arbitrator? Studies and surveys have consistently shown that the most important attribute for a mediator or arbitrator is that they have the trust of each party. To acquire that trust, they must be independent and impartial. In some instances, the parties may seek someone who has knowledge of the disputed area. Such knowledge can be beneficial as the neutral does not need to be extensively educated about those areas. In other instances, knowledge can predispose a neutral to see things in a particular way. It is therefore essential to carefully evaluate the qualifications and personality of the mediator or arbitrator before making a choice. What is unique about Juris? Juris is unique because it provides comprehensive, professional, administrative support for a panel of independent judges and lawyers. It offers, via its website, a fully transparent service that explains its fees, terms and procedures and its online booking and payment arrangements. It also provides an encrypted server to facilitate the delivery and display of documents. LM International Practice Lawyer of the Year Lawyer Monthly Legal Awards 2018 APR 2019 45 Expert Insight www. lawyer-monthly .com