Below the line, Commercial Mediation, Communication, Confidentiality, Confidentiality and Transparency, conlfict coaching, Conventional wisdom, Creativity, Developing the Field, Ethics, Future of mediation, General, Instinct, Interests, Language, Lawyers, Mediation Lawyering, mediation models, Mediation Practice, Mistakes, Skills, Stages of mediation, Uncategorized, Understanding mediation, War Stories

(Brick Court Chambers / Clifton Chambers)/ /5 Comments

This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins. Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me…

Communication, Mediation Practice, Mediators’ Conduct

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

In my last post (http://kluwermediationblog.com/2013/11/27/space-pace-grace-and-face-steps-to-an-ecology-of-mediation/) I started to think out loud about the elements that might contribute to the “ecology” of mediation – that is, the sense of location, context, or genius loci, that might also serve the substantive ends of mediation. My sub-text there was that there is an ineffable “something” about location and…

ADR, Business, Commercial Mediation, Corporate Counsel's View, Dispute Resolution, Efficiency, General, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

It is almost a consensus nowadays that large and small companies, regardless of their business activity or industry segment, must integrate in their corporate and operational strategies a variety of social, economical, and environmental elements in order to not only effectively satisfy all stakeholders, but also to remain sustainable and competitive in the long run….

'Money-only' Cases, Costs in Mediation, Public Policy, Tactics

(Weiler ADR Inc.)/ /1 Comment

Should the conduct of a party in mediation be taken into account in setting cost consequences once the dispute has been adjudicated? An insurer has been “spanked” to the tune of $60,000 by an Ontario Court for failure to participate in a mediation in “any meaningful sense”. The cost decision of Mr. Justice Ramsay in…

Creativity, Developing the Field, Future of mediation, Language, Mediation Practice, Neuroscience, Uncategorized

(University of Strathclyde)/ /1 Comment

There are times in mediation when emotions are so powerful that it’s impossible to think of anything else. This week I witnessed, at the very least, despair, fear, anger, hurt, sadness, care, love and relief. They can be fleeting – a flicker of amusement, a nod of recognition, a disdainful glance. Or they can be…

ADR, ADR Clauses, International Mediation, Med-Arb Clauses, Mediation Contract Clause, Regulation

(CMS)/ /1 Comment

On December 4, 2013, the ICC launched the new Mediation Rules which will replace the 2001 ADR Rules as from January 1, 2014. In the words of Hannah Tuempel, Manager of the ICC International Centre for ADR, “there’s no earth-shaking new change to the rules”. At the global launch event last Wednesday, ‘simple’ and ‘flexible’…

Appointment of Mediators, Conflict, Costs in Mediation, Court Procedure and Litigation, Decision making, History of mediation, Humorous Pieces, Impasse, Improvisation, Litigation, mediation traditions, War Stories

(Bill Marsh Mediator)/ /4 Comments

I am indebted to my friend and fellow mediator Mark Lomas QC for sending me the following email recently: ‘I have come across what I think may be one of the earliest recorded mediations in England, and conducted at the highest level. An Italian called Tito Livio dei Frulovisi wrote an account of the life…

Domestic Courts, Family Mediation, Ireland, Mediation Practice, Mediation Users/Clients, Uncategorized

(Sabine Walsh Mediation)/ /Leave a comment

The year is nearly over, and here in the West of Ireland it is cold, wet windy and dark for what seems like most of the day, so I think it is time for a little moan about the frustrations those of us working particularly in family mediation are experiencing. (I promise I’ll start 2014…