Commercial Mediation

Commercial Mediation, Costs in Mediation, Efficiency, Enforcement of a Mediation Clause, Future of mediation, Judges as mediators, Lawyers, Legal Practice, Mediation Agreement, Practical Challenges for Mediators

(Weiler ADR Inc.)/ /Leave a comment

Greetings from the heart of the Polar Vortex! Yes, it’s been a brutally cold and snowy winter here in Ontario, Canada, but now, in late February, the lengthening days and (relatively) warmer temperatures remind me of that point in a mediation when it seems that all hope of resolution has forever frozen over and yet,…

ADR, Commercial Mediation, Europe, International Mediation, Skills, Success in mediation, Uncategorized, Understanding mediation

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

The annual ICC Commercial Mediation Competition is about to kick off in Paris, France on 7 February 2014 and as I write this 500 students from over 40 countries will be making their way to The City of Light by trains, planes and bus. Teams are drawn from law and business schools across the globe and…

'Money-only' Cases, Commercial Mediation, Creativity, Future of mediation, Mediation Outcomes, Practical Challenges for Mediators, Tactics, Understanding mediation

(Weiler ADR Inc.)/ /2 Comments

An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience from approximately 3,000 mediations conducted over the past 22 years. I urge readers to look a the Lawyers Weekly article…

Below the line, Commercial Mediation, Communication, Confidentiality, Confidentiality and Transparency, conlfict coaching, Conventional wisdom, Creativity, Developing the Field, Ethics, Future of mediation, General, Instinct, Interests, Language, Lawyers, Mediation Lawyering, mediation models, Mediation Practice, Mistakes, Skills, Stages of mediation, Uncategorized, Understanding mediation, War Stories

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

This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins. Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me…

ADR, Business, Commercial Mediation, Corporate Counsel's View, Dispute Resolution, Efficiency, General, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

It is almost a consensus nowadays that large and small companies, regardless of their business activity or industry segment, must integrate in their corporate and operational strategies a variety of social, economical, and environmental elements in order to not only effectively satisfy all stakeholders, but also to remain sustainable and competitive in the long run….

Accreditation, ADR Clauses, Commercial Mediation, Conciliation, Corporate Counsel's View, Cross-cultural, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Governments/Public Sector, International Courts, International Law, International Mediation, Mediation Agreement, Mediation Contract Clause, Uncategorized

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

The new ICC Rules of Mediation were unveiled this week at a global launch in Paris. Coming into force on 1 January 2014, the new ICC Rules will replace the ICC ADR Rules that have been used for amicable dispute resolution worldwide since 2001. The new Rules have been adapted to help parties resolve even…

Accreditation, Commercial Mediation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Lawyers, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Reform, Regulation, Singapore, Standards

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

So, dear Readers, This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore. On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial…

Apology, Commercial Mediation, Conventional wisdom, Deal Mediation, Mediation Lawyering, Skills, Success in mediation

(Weiler ADR Inc.)/ /2 Comments

What constitutes effective mediation advocacy? Litigation lawyers in an ever-increasing number of jurisdictions around the world understand that mediation is becoming or has become the primary dispute resolution forum and thereforenaturally are interested in acquiring and enhancing the knowledge and skills necessary to effectively represent their clients in the mediation process. Earlier this year the…

Appointment of Mediators, Below the line, Bias, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Evaluative Mediation, General, Language, mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Training, Transformation, Understanding mediation

(Bill Marsh Mediator)/ /7 Comments

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…

'Money-only' Cases, Apologies, Apology, Causes of Conflict, Commercial Mediation, Communication, General, Interests, mediation models, Mediation Practice, Mediation Users/Clients, Settlement Agreements, Skills

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

This week I spoke to a group of young legal practitioners here in New Zealand. I aimed low and went back to source. I suspect I got more of a kick out of it than anyone at the session. So, mediators, look away. There is nothing new here. But users, occasional or repeat, I hope these three…