In June 2012 the Hong Kong Legislative Council passed the Mediation Ordinance (MO), the first piece of legislation on mediation in Hong Kong SAR. The MO was a much awaited and highly anticipated law and some mediation advocates have been disappointed in what they see as much ado about nothing. After all the MO appears…

We mediators need to market our wares, just like the fruiterer at my local Sunday Farmers’ Market when he calls out prices from behind his stall. Increasingly some mediators are choosing to do this by the numbers – advertising how many mediations they have completed and what level of success they have achieved. For instance, this…

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…

One of the advantages of using mediation to achieve negotiated solutions is Parties’ possibility to separately communicate with the mediator within what it is called separate sessions or caucus. The differences of perception, the emotions and feelings determined by the ego, the stubbornness or the personality of Parties involved in a conflict are examples of…

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,…

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…

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…

Mediation doesn’t require special premises. It can be conducted in any type of place. There are Native Title mediations for Indigenous Australians that can happen at least in part on the land in question, under a tree or on a hill side. Mediations in the workplace often happen in the place where the dispute originally…

Picking up where I left off last post, I want to discuss what I consider to be a major problem with the Ontario Commercial Mediation Act, 2010 (OCMA) relating to the admissibility of evidence of what occurred during a mediation. Generally (with some exceptions) at Common Law anything said or done in mediation is inadmissible…