Published on: 01 March 2024
Published by a LexisNexis Arbitration expert
In the dynamic field of dispute resolution, Harmony stands as a testament to the fusion of traditional methods and cutting-edge technology. Anchored in the principles set out in 'Kleros Mediation Bridge: A Cohesive Approach Blending Traditional Mediation and Kleros Blockchain Arbitration', this forward-thinking AI system marks a major advance in reshaping dispute resolution. Harmony aims to nurture productive dialogue between disputants, helping them surface and express the underlying causes of disagreement while exploring viable settlements. It starts with empathetic, human-like engagement, moves through a structured mediation pathway, and, where appropriate, hands cases over to the Kleros platform for transparent, efficient determination. Here’s how it works.
Harmony sets out a systematic, structured approach to mediation that is both comprehensive and easy to use. Its methodology follows clear, well-defined stages designed to promote transparency, efficiency, and a focus on fair outcomes in the mediation process. The approach remains adaptable, enabling a human mediator to refine it when required. Each stage deliberately builds on the last, steadily guiding parties towards agreement...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
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