The quiet child of the legal brood is the transactional lawyer. They are a group that offer hidden wells of future development for mediation. This group of lawyers has extensive and close ongoing relationships with the individuals clients–the people who work in corporate, government and commercial clients. Transactional lawyers are the ones who document their…

Some disputes are more suitable for mediation than others. Counsel and their clients contemplating whether or not to mediate a particular dispute can sometimes benefit from a more structured approach to analyzing that question. It was with this in mind that many years ago my then partner and I designed the Mediation Suitability Checklist. The…

We were pleased to see the recent launch of the Commercial Mediation Group covered by the Editor’s blogpost last month. So why set up the Group, what are we doing and where is this headed? As for the thinking behind the initiative, the Editor hit the nail on the head. For many years the ‘mediation…

With all the surrounding pomp and pageantry particularly in the African culture, seating through a wedding ceremony by couple could be quite splendid. Optimisms are usually high as couple fantasize about a future of possibilities for each other and their children. In contrast, seating through a child custody legal battle can be quite horrific as…

These days, I don’t go to that many mediation conferences. I haven’t lost my interest or passion for mediation, I just find that the conferences are all full of mediators talking to mediators. And while some of my best friends are mediators, I don’t need a conference to talk to them. The harsh truth is…

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…

Years ago, I participated in a Richard Salem led mediation skills acquisition training for retired Judges and I will never forget the words of a just retired Chief Judge contemplating a career in mediation “ Kenny, you mean I will just listen without telling the parties what to do? Impossible! Not me!”. I have seen…