In a complex business dispute involving substantial and potentially unlimited exposure, a sophisticated defendant was not willing to pay the amount it determined it would actually take to settle, so they became primarily concerned about how to ‘cap’ their exposure on the case. Based on an excellent working relationship that developed between general counsel for…
Interesting ripples on the interweb about mediator ‘styles’ – (see the LinkedIn group ‘ADR, Conflict Resolution and Mediation Exchange’). One discussion thread was prompted by a nice ‘Emperor’s New Clothes’ question: can a mediator have any style or does the style vary from situation to situation? The discussion has ranged from styles to models, with…
The 8th ICC International Commercial Mediation Competition begins tomorrow at the International Chamber of Commerce, in Paris. During the Competition, university students will face complex, international business problems, which they attempt to resolve by mediation conducted under the ICC Amicable Dispute Resolution (ADR) Rules. By participating in the Competition, students will get the unique opportunity…
Many of you will have read of the tragedy this week in Arizona, where a mediation ended in the death of one party, and the serious wounding of their lawyer. Details are still sketchy, but it seems that a mediation of a commercial dispute was taking place in an office in downtown Phoenix, between a…
Edinburgh is one of the world’s top tourist attractions. To quote its own website “Edinburgh is an multi-award-winning, world-class tourist destination. A must-see cultural capital. From stunning skylines to sandy beaches, festivals to fireworks – the city has something for everyone, day and night.” So, it can hardly have been good for business when, during…
In the last year I have had the privilege of joining a group of mediators for their monthly CPD (continuing professional development). We are all loosely in the commercial sector, which can include workplace, family business and public sector disputes. This being Scotland (see previous posts on judicial resistance to mediation) no-one is making their…
Mediation in Europe has evolved, including developing into a mature subject of comparative legal studies. Just in October and November of this year, three voluminous books on mediation law and practice in the EU were published. Each counting over five hundred pages, they give an interesting insight into the current status of mediation in EU…
OK, I know I’m going out of turn with this Blog post, but I thought readers will want to be aware of a HUGE mediation development in Canada – even if it does involve a mediation that will take place in the U.S. It was announced yesterday that the National Hockey League and its players…
A significant motivation for businesses to choose mediation in labor disputes is the hope that mediation works fast and so will provide clarity within a short time frame. This then, is mediation’s propagation. Of course, the short time frame is only a correct “advertising-argument” to a certain extent. Mediation can be extremely short. My shortest…
Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…
