I still remember the very first time I met Colin. It was during my CIArb fellowship oral assessment in Hong Kong. Entering the room with an overwhelming presence, he asked the candidates several questions on costs in arbitration. While the questions themselves were tough and challenging, it was apparent through his encouraging tone and body…

I have in previous entries (July 2012 and July 2013) written about a peer mediation initiative called the Peacemakers Conference. The purpose of the Peacemakers Conference is to teach 13-16 year olds how to resolve conflicts amicably in a workshop cum competition format. This year’s Peacemakers Conference was held from 20 to 22 June 2018….

The hills above Edinburgh, Scotland, were bursting with the splendor of bright yellow flowers when mediators from across the globe assembled for the spring conference of the International Academy of Mediators. I had been asked by the conference organizers to lead a discussion, with the goal of inspiring some of the world’s most successful commercial…

  The recently released decision in L-Jalco Holdings Inc. v. Lawrynowicz & Associates, 2018 ONSC 4002 (CanLII) will be of great interest to mediators, lawyers and clients alike. The case offers a rare glimpse inside the “sausage factory” that is commercial mediation and highlights mediator persistence and creativity in reaching a settlement of a complex…

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…

(This post is being republished because of technical problems when it was first published). I want to use this month’s blog to riff off Greg Bond’s recent insightful blog, because he’s touched on core issues of language, making sense and personal reflection. That post arrived almost in the wake of an email quoting jazz pianist…

(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…

Having looked at The Rise of Co Mediation in Mega Mediations last month and the challenges such cases pose for mediators, let’s get a little closer to the inner workings of these mediations, especially at the intake stage. So many moving parts – the people, the paper, the posturing –  like a long haul plane sitting…

When you study languages, or gain fluency in more than one, at some point you realise that each language has its own terms that are not translatable. It is about the way language thinks for us, and in different languages or cultures this varies. Take the English word “sophisticated.” I am bilingual in English and…

I am as much a mediator as I am a member of the global exhibition industry. Knowing both professions intimately, I strongly believe that mediation should be a fundamental tool used to address and solve conflicts within the exhibition industry. In the exhibition industry, healthy co-operation is key to future success and business relationships are…