Sustainability
Disputes
Sustainability related disputes are characterised by a multi-party involvement. Considering the multifaceted nature of sustainability, tensions are likely to arise between corporate actors, national and international NGOs, stakeholders, shareholders, as well as governments and local authorities.
Such conflicts are also cross-jurisdictional in nature, with the numerous parties involved likely being situated in different geographical regions, often continents apart, which may also entail that cultural and language barriers need to be respected and overcome respectively.
Expert knowledge from the mediator, as well as from independent parties, on sustainability issues is also key in addressing these disputes effectively.
Business | Companies
Disputes
Company law disputes are multi-layered, refer to various litigation procedures and concern issues relating to mutual trust and confidence, which in turn require that confidentiality and preservation of relationships during discussions and negotiations is maintained.
Mediation cases may involve external to and internal to the company disputes.
External Company Disputes concern ones as between the company and other companies, stakeholders and non-governmental organisations, and internal company disputes would involve disputes between business partners, directors, shareholders and the company’s internal stakeholders. Negotiations on the drafting of commercial agreements, partnership agreements, share and asset purchase agreements, as well as on the drafting/amendment of a company’s articles of associations, the exercise of shareholders’ rights at general meetings, the introduction and removal of directors of and from the company board respectively, or the setting up of breakdown of company related projects are all examples of cases which may benefit from being mediated on.
Higher Education
Disputes
For Higher Education Institutions disputes can range from claims from current and former students and current and former members of administrative and academic staff to judicial review proceedings and from debt recovery proceedings to complex international disputes with collaboration partners. Disputes may also arise between the institution and suppliers of software and technology.
Irrespective of a university's legal position, a flexible approach to these disputes is valuable considering the wider regulatory and reputational consequences, which may include issues such as regulatory reporting, regulatory compliance, data protection and reputation protection.
