Commercial Mediation

Commercial Mediation, Evaluative Mediation, Future of mediation, Joint Sessions, mediation models, Mediation Outcomes

(Brick Court Chambers / Clifton Chambers)/ /5 Comments

This post is unlikely to win me friends on America’s West Coast and it may even see my US mediation teaching visa withdrawn, however when the issue even has its own Facebook group called Save the Mediation Joint Session and Promote Party Participation with over 50 of the world’s top mediators signed up, then the patient is more critical than I thought. The rise…

Below the line, Clients, Commercial Mediation, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, General, Humorous Pieces, Improvisation, Mediation Lawyering, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Social intelligence, Uncategorized

(Bill Marsh Mediator)/ /3 Comments

Global Legal Post recently carried an article intriguingly entitled “Lawyers find Eureka moments in the shower“. Sadly the article itself lacked the slightly salacious promise of its title. Instead, it focused on the results of a survey of London city lawyers, indicating that those surveyed did their most creative thinking in the shower or commuting…

ADR, Business, Commercial Mediation, Communication, Deal Mediation, Dispute Resolution, Efficiency, Evaluative Mediation, Impasse, Improvisation, Lawyers, Mediation Practice, mediation traditions, Negotiation, Neutrality, Scotland, Skills, Stages of mediation, Stories, Uncategorized

(Core Solutions Group)/ /Leave a comment

I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator. I have changed my view….

ADR, Business, Commercial Mediation, Conciliation, Confidentiality, Confidentiality and Transparency, Corporate Counsel's View, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Jurisdiction, Lawyers, Litigation, Med-Arb Clauses, Mediation Reforms (Legislation, etc.), Reform, UN and International Organizations, Uncategorized, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of…

Accreditation, Commercial Mediation, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Users/Clients, Singapore, Standards

(National University of Singapore, Faculty of Law)/ /2 Comments

Author’s Note: I would like to thank Ms. Eunice Chua, Deputy Chief Executive Officer for her contribution to this entry. 5 November 2014 was a momentous day for mediation in Singapore. It saw the launch of two mediation-related bodies, the Singapore International Mediation Institute and the Singapore International Mediation Centre. In April 2013, Singapore’s Chief…

Business, Causes of Conflict, Commercial Mediation, Conventional wisdom, Corporate Counsel's View, Costs in Mediation, Cross-cultural, Developing the Field, Dispute Resolution, General, Mediation Users/Clients, Singapore, Stories, Success in mediation, Uncategorized, Understanding mediation

(National University of Singapore, Faculty of Law)/ /Leave a comment

The Singapore Mediation Lecture 2014 was delivered on 26 September 2014 by Mr. Brad Berenson, the Vice President and Senior Counsel for Litigation and Legal Policy of General Electric. The third lecture in this series, the Singapore Mediation Lecture is a result of a partnership between the Singapore Mediation Centre, the Singapore Management University School…

ADR, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Enforcement, International Law, International Mediation, National Mediation Laws

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…

Commercial Mediation, Dispute Resolution, Efficiency, General, Lawyers, Lawyers and Psychologists, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

I believe that by now you all had enough of my comments on the 2014 FIFA World Cup. So let’s move on to other aspects of life. Last month, IBA’s Mediation Committee organized a regional meeting in Brazil in order to discuss the latest trends in Commercial Mediation. The event was supported by Veirano Law…

Business, Commercial Mediation, Creativity, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Skills

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Before I left my law firm in the late 1990’s David Maister, a Boston management guru of whom many of you will know, was the darling of every large service firm, especially in the law and accountancy fields. He has long since retired but at his height he was good, very good – despite being a…