Mediation Outcomes

ADR Agreements, Confidentiality, Enforcement, Med-Arb Clauses, Mediation Agreement, Mediation Outcomes, Set Aside a Mediated Agreement, Settlement Agreements, UNCITRAL Model Law

(Weiler ADR Inc.)/ /Leave a comment

Earlier this month the Supreme Court of Canada issued its unanimous decision in Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35. The reasons of Mr. Justice Wagner deal with an unfortunate situation in which Bombardier, which had been suing Union Carbide for more than a decade seeking CAN$30 million  related to allegedly defective…

Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Legal Issues, Mediation Lawyering, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Uncategorized, Understanding mediation

(University of Strathclyde)/ /9 Comments

Intellectual life is beset by ‘gap’ problems. Philosophers wrestle with the ‘mind-body problem’: the gap between material and non-material aspects of human existence. All science can be construed as an attempt to bridge the gap between what is and what we can imagine: an inductive corrective to deductive supposition. Roger Cotterrell describes law’s gap problem…

Apologies, Apology, Clients, Confidentiality, General, Ireland, Lawyers, Mediation Outcomes, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

The last few weeks have seen a failure to apologise result in a political crisis, a senior police official being forced to resign, and our Minister for Justice’s already wobbly pedestal threaten to give way entirely beneath him. The coming weeks and months will tell whether the “Minister for Borrowed Time” as he has become…

Commercial Mediation, Conventional wisdom, Creativity, Efficiency, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Lawyers and Psychologists, mediation as a career, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Mentoring, Mistakes, Singapore, Standards, Status, Stories, Success in mediation, Switzerland, Understanding mediation, War Stories

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

Having last week returned to New Zealand from Singapore where I was honoured take part in the launch of the ICC Mediation Rules, I saw first hand the support for mediation in Singapore from powerful institutions like the Singapore Judiciary and the Ministry of Law. Singapore, and my guess is Asia in general, is in the…

Conventional wisdom, Lawyers, Mediation Lawyering, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Mentoring, Stages of mediation

(Brick Court Chambers / Clifton Chambers)/ /2 Comments

Regular readers of this blog may recall my 10 tips for participants who took part in the recent ICC Commercial Mediation Competition held in Paris – a wonderful time was had by all but that’s for another post. One of those tips was about keeping it real and suggesting a ‘steel fist inside a velvet glove’…

Communication, Conflict, General, Governments/Public Sector, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Negotiation, peace negotiations, Stages of mediation, Stories, Success in mediation, Switzerland, Transformation

(Bill Marsh Mediator)/ /10 Comments

Like many of us, I listened with rapt attention to the reporting from Geneva of the Syrian peace talks last week. So much is at stake. And so much of it feels very familiar to me as a mediator. One particularly interesting item was a radio interview last Saturday with a Syrian media officer who…

'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…

ADR, Conflict, Dispute Resolution, Efficiency, General, Mediation Outcomes, Mediation Practice

(Mediar360 - Dispute Resolution )/ /Leave a comment

As mentioned in a previous post, this month I will briefly talk about two high profile cases from the corporate sector which helped to improve mediation awareness in Brazil and, due to its widespread coverage, provided the general public clear examples of how it is possible to fix complex legal problems by not letting our…

ADR Agreements, Causes of Conflict, Developing the Field, Employment, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Success in mediation, Transformation, Uncategorized

(University of Strathclyde)/ /Leave a comment

A human resources manager recently asked me for a general list of reasons why a mediation might not settle. While part of me wanted to question the idea of settlement as the goal of mediation (see Alan Gross’s excellent piece ‘Agreement Not the Gold Standard for Mediation – http://www.mediate.com/articles/GrossA3.cfm ) most of me thought this…

'Money-only' Cases, Commercial Mediation, Deal Mediation, Efficiency, Impasse, Mediation Outcomes, Practical Challenges for Mediators

(Weiler ADR Inc.)/ /1 Comment

“They also serve, who only exchange offers.” A recent mediation experience serves to reinforce the value of patience in mediation – for the parties and for the mediator. The tort mediation, involving a single plaintiff and two insurers started at 10 am and concluded 8 hours and 15 minutes later. The following is the sequence of…