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….

Even if in most jurisdictions it is still rarely practiced, a few areas of law exist in which mediation may provide as many benefits as it does in bankruptcy. A drastic increase in the amount of bankruptcy filings during the recent financial crisis has forced bankruptcy judges and attorneys to seek and employ various methods…

I was pleased to read that this year’s ICC Competition went so well. Having hosted the UK Law Student Mediation Competition in Glasgow in November I was first-hand witness to the wholehearted, thoughtful way young mediators throw themselves into this work. They appear unaffected by the scepticism of older lawyers. All of this is very…

Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent…

I have been interested in, and have been training in various methods of Online Dispute Resolution for some time, so when a case of mine recently converted into a type of online mediation I thought I would take some time to reflect on what I learned from the experience. First, a few words about how…

The recent decision in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Others [2011] HKEC 514, (the “wining and dining” mediation case) has generated a considerable amount of interest in the murky depths of the Arbitration-Mediation (“Arb-Med”) facility. Practitioners and academics are still engaged in deep discourse nearly two months after the case…

Civil trial lawyers have been testing new techniques to persuade since our constitution authorized the right to jury trials. In the past several years, trial consultants have encouraged use of various strategies ranging from improvisational acting, psychodrama to the current ‘reptile’ approach. The reptile approach is highly effective in that it challenges people to make…

Like many of us I am constantly torn between simplicity and complexity. The world is complex: that’s a given. But a beautiful morning or a lover’s kiss is simplicity itself, and it’s a fool who overcomplicates it. And so with mediation, the profession/activity/vocation that has grown on me like a skin these last nineteen years….

The ICC International Commercial Mediation Competition is the only moot I know of devoted to international commercial mediation and it will take place in Paris in early February. It’s an annual event organized by the International Chamber of Commerce and has become the best excuse to travel to Paris, drink coffee and eat pastries on the…