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150518 Update on WYF and Luhan's cases


Miekos

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so the didn't have compulsory mediations before? what were the doing??

 

 

anyways, I hope things work out, this battle isn't going to end anytime soon

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so the didn't have compulsory mediations before? what were the doing??

 

 

anyways, I hope things work out, this battle isn't going to end anytime soon

They had court referred mediation but this time they're talking about a compulsory mediation decision. It means the mediation judge has decided for them and it will be the final decision if neither parties object.

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so the didn't have compulsory mediations before? what were the doing??

 

 

anyways, I hope things work out, this battle isn't going to end anytime soon

The JYJ lawsuit officially ended through a court ordered mediation.  So this is to be expected.  SM, Kris and Luhan will probably accept.  But this does not mean the legal wranglings will get settled immediately.  Perhaps their negotiations will not as long as the JYJ lawsuit, but the process will take months before both sides reach an agreement.

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So how long will this last now?

 

 

Court mediation

 

Recently, Korean judges are actively and fully utilising court mediation regardless of the parties’ respective nationalities.

During litigation, court mediation may be commenced upon the court’s exercise of its own authority or a party’s application. The judge may mediate the dispute alone or with the assistance of mediators. The mediation judge is often the same judge responsible for the litigation proceeding.

An agreement reached between the parties by court mediation has the same effect as a final judgment. If the parties cannot reach an agreement, the case will revert back to the court litigation procedure unless the mediation judge imposes a compulsory mediation decision. This is unique to Korea. In many cases, such a decision turns out to be similar to the judgment in a court litigation. Any party dissatisfied with a compulsory mediation decision may file a formal objection to invalidate such a decision. Once invalidated, the case will revert back to the litigation procedure.

 

 

source: http://www.asialawprofiles.com/Guide/495/South-Korea-litigation-guide.html

 

 

I just hope they find a closure.... just let it go SM!

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The JYJ lawsuit officially ended through a court ordered mediation.  So this is to be expected.  SM, Kris and Luhan will probably accept.  But this does not mean the legal wranglings will get settled immediately.  Perhaps their negotiations will not as long as the JYJ lawsuit, but the process will take months before both sides reach an agreement.

 

 

They had court referred mediation but this time they're talking about a compulsory mediation decision. It means the mediation judge has decided for them and it will be the final decision if neither parties object.

damn, I sincere hope everything goes well for yifan and luhan in the end.

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The JYJ lawsuit officially ended through a court ordered mediation.  So this is to be expected.  SM, Kris and Luhan will probably accept.  But this does not mean the legal wranglings will get settled immediately.  Perhaps their negotiations will not as long as the JYJ lawsuit, but the process will take months before both sides reach an agreement.

No, it wasn't court ordered. SM requested for it.

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No, it wasn't court ordered. SM requested for it.

Yeah, but the court agreed to SM's request.  So the JYJ lawsuit still officially ended on a court ordered mediation.  But JYJ did win the most important part, which is that the court nullify their contract with SME.  Since JYJ already got what they want, they didn't file an objection.  They probably thought that negotiating with SME to resolve the other disputes--namely compensations, copyrights, name use and etc.--would be faster rather than trying to litigate.  Just my speculations though.

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Isn't the deadline to accept whatever the decision is two weeks? Hopefully they'll settle soon and get over it.

 

well if no one files an injunction to it i guess. But i still wonder what's the proposed settlement by the judge is. 

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They had court referred mediation but this time they're talking about a compulsory mediation decision. It means the mediation judge has decided for them and it will be the final decision if neither parties object.

this time the judge will propose sth for both parties, but there'll be objections from the less favored party, unless KrisHan decides to pay for the break of the contract in order to avoid a long lawsuit, and SM accepts it, there'll be not an end so soon.

 

this compulsory mediation was already expected after so many mediations.

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