On June 1, 2012, the revised version of the Swiss Rules on International Arbitration entered into force (see the recent following posts on the Kluwer Arbitration Blog: http://wolterskluwerblogs.com/blog/2012/05/31/revised-swiss-rules-of-international-arbitration-enter-into-force/ and http://wolterskluwerblogs.com/blog/2012/06/01/entry-into-force-of-the-revised-swiss-rules-of-international-arbitration-%E2%80%93-1-june-2012/). These new Rules (see text of the Swiss Rules at https://www.swissarbitration.org/sa/en/rules.php), based on the UNCITRAL Arbitration Rules, were initially enacted in 2004 in order to…

Two stories in the Canadian media caught my eye this past month. New Rules for Bank Mediators – The Federal Minister of Finance has indicated that the Canadian federal government will not require banks to mediate their disputes with customers through mediation services offered by the Ombudsman for Banking Services and Investments (OBSI). OSBI is…

Well, 143,000 if you believe Mr. Google –  but only one could have posted this must view for all mediators and mediation advocates. See this world class mediator in action at;  http://billwoodmediation.com/video (and be sure to watch videos 2 & 3) P.S Bill if you need help here is one of the world’s only pet mediators,…

Since April 2005 there have been two structural provisions for referral to mediation: via the Legal Desk and via the Judiciary. Besides, conflicting parties can start mediation on their own initiative or after referral by other bodies. Other referring bodies comprise, for instance, occupational health and safety services, social services, youth services, the police, social…

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…

I recall in the early days of mediation practice it seemed like one of the hardest interventions to make – to be standing in front of a room full of people and have to create a coherent whiteboard out of their discussion. The humble whiteboard has been used for every conceivable task in the mediation room –…

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…

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….

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…