It is not uncommon to hear lawyers speak warmly of mediation in general, but when asked if they would recommend it for a particular case respond that they could not see it working. Related to this, lawyers who have developed well-honed negotiation skills may struggle to see how a mediator could improve on their outcomes….

One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my international law firm – which has attempted to gather data on mediations in which we have participated for nearly 15…

The Situation: Your adversary is attacking your case in the mediation in such a manner that good faith negotiations seem like a distant cousin to all out war. You are looking for a way to recover. You don’t want to walk out of the room, but you are running out of options and the negotiation…

While the world becomes ever faster-paced, litigating business disputes are unchangeably slow. The recently published World Bank’s “Doing Business 2012: Doing Business in a More Transparent World” report shows that state court procedures in most countries remain lengthy, costly and complicated. Although this is not good news for anyone, as a side effect, the flaws…

Patent wars are a perennial hot topic with not only IP experts being familiar with stories of well-known patent disputes. A classic example is perhaps the story of the Wright brothers, who received a patent for their method of flight control in 1906 and fiercely defended it for years afterward, by suing other aviators and…