Mediators deal in words – not exclusively, but a great deal (and perhaps sometimes too much, but that’s another blog). So it pays for us to think carefully about what words really mean. A couple of years ago, I came across an article entitled “US facilitation yes, mediation no: Omar”. It detailed how Pakistan, through…

Many of you will have read of the tragedy this week in Arizona, where a mediation ended in the death of one party, and the serious wounding of their lawyer. Details are still sketchy, but it seems that a mediation of a commercial dispute was taking place in an office in downtown Phoenix, between a…

Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…

This story is for you if: You have agreed to mediate a state court case before a damage analysis has been exchanged Before or during the mediation you exchange confidential damage estimates with the other side The mediation results in impasse and you receive a motion to remove to federal court with your damage calculations…