Are agreements to mediate enforceable? The short (and incomplete) answer is: yes, they may be provided they are drafted appropriately. In this post we review a recent English judgment which sets outs guidelines for the enforceability of agreements to mediate under English law. In August 2019, the Technology and Construction Court of the Queen’s Bench…

Setting On the virtual veranda; sipping Introduction Adi: Hello Margaret. How are you in these interesting times?. Marg: I am well, thank you Adi. How are you? Adi: I’m finding I have a slower pace and what I think is higher productivity. Marg: I have been reflecting on our discussion about mediation and interests, as…

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”) makes a huge contribution to the success of international arbitration by providing tools for global enforcement of arbitral awards. To that end, international mediation has been underused because of the lack of necessary international enforcement mechanisms of mediated settlement agreements….

Woman wearing facemask

‘He who would do good to another must do it in Minute Particulars’ (William Blake, Jerusalem) The coronavirus pandemic deals its cards very unevenly. Some individuals get it lightly, if at all, and even countries seem to be spared, at least for now. For others it’s a catastrophe. Here in the UK we watch, helpless,…

So ended a recent article in the FT by Martin Wolf on the economic response needed in the wake of the coronavirus pandemic. In it he argues that Governments acting in the collective interest must be the buyer of last resort as well as the lender of last resort to prevent the economy imploding as…

Events last Friday have resulted in a harrowing few days for we mediators forced to move our practice online as a result of the COVID-19 pandemic. We’ve all been using Zoom. Zoom immediately emerged as the “go-to” platform for video mediation for the simple reason it offered “break-out rooms”, a function inexplicably absent in FaceTime,…

This is a tale from an ancient piece of Chinese literature – Lu’s Commentaries of History – – compiled in 239 B.C. by Lu Buwei, the Prime Minister of the state of Qin.- “There was once a villager who had lost his hatchet. Thinking it was stolen by his neighbour’s son, Wang, he began observing…

Early in the morning, I got a call from a lawyer representing one of the parties in cross border mediation. “Would you consider changing the venue for our meeting?”, he asked. Usually not a surprising demand. This time an expected one. We were about to meet in Milan, Italy which at the time being had…