Last month, we had the presence of Ahdieh (Ati) Alipour Herisi in Brazil as a judge for the occasion of the CPR International Mediation Competition . Ati is a young, enthusiastic and brilliant lawyer and mediator who was born in Iran and lived, studied and worked in many different places such as Los Angeles, New…

This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I recognise that it may look different when you are representing one side in a mediation, rather than in…

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…

In 1999, I had just returned to Brazil from the United States with a Ph.D. thesis on ADR when a mediator colleague invited me to attend and appraise a mediation session. I was eager to do that and observed, minute by minute, the rich communication interaction between him and the parties. At the end my…

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…

Brazil is on its way to making lawyers mandatory on mediation procedures. Last month the House of Representatives approved a bill (PL 5.511/2016) that reads, in a free translation, “it is mandatory the presence of Lawyers in consensual dispute resolution procedures, such as mediation and conciliation”. Now the Senate will analyze the subject before it…

My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track back over a number of entries in which matters of process are discussed, it seems typically assumed that counsel are…

Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario is unsupported by any reliable data – because no one keeps track. No one records. It’s all anecdotal. Still, I’m now closing in on 30 years…

As mediators, we spend much of our time contrasting mediation with, and distancing ourselves from, litigation. Before your eyes glaze over, that is not for this post. Instead, this post draws out one of the many similarities between mediation and litigation, especially when mediating a litigated case. Mediation has, some would say unfortunately, become a more…