ADR Agreements, ADR Clauses, Arbitration, Dispute Resolution Clause, mediated settlement agreement, Settlement Agreements

(CMS)/ /Leave a comment

In the case of Destin Trading Inc v Saipem SA [2025] EWHC 668 (Ch) (24 March 2025), the English High Court (Chancery Division) held that the dispute resolution clause contained in a settlement agreement superseded the arbitration clause in a previous contract concluded between the parties. This decision underscores the importance of mediators discussing with…

Communication, Cooperation, Economics, Game Theory, Public Policy

(Core Solutions Group)/ /2 Comments

“We are used to thinking about competitions in which there is only one winner….But the world is rarely like that.. The key to doing well lies not in overcoming others, but in eliciting their co-operation.” Robert Axelrod Zero-sum thinking (one can only improve one’s position at someone else’s expense) seems to becoming ever more prevalent…

Intellectual Property, Mediation Skills, Preparation, Technology, Tips

(Be Amorgos IT Contractual Services)/ /2 Comments

Understanding the Challenge From 2019 to 2022, the New Zealand International Arbitration Centre (NZIAC) collaborated with Gerard Doolin on an international research initiative exploring the causes of software project misalignment and the role of Alternative Dispute Resolution (ADR) mechanisms in mitigating or resolving emerging contract disputes. Gerard Doolin, an NZIAC Panel Mediator and member of…

Europe, European Law, Family Mediation, Mandatory mediation, Violence

(Post-Doctorate, Social Innovations Doctoral School, Research and Innovation Centre, Mykolas Romeris University) and (Mykolas Romeris University of Lithuania)/ /1 Comment

Mediation is well suited to resolving family disputes due to their personal nature and emotional context, as well as their complexity and the inability, or even futility, of deciding who is ‘right’ and who is ‘wrong’. Mediation is also recognized as an effective tool for solving family conflicts by improving communication between parties and lowering…

Costs in Mediation, Court Procedure and Litigation, Future of mediation, Mandatory mediation

(gunnercooke LLP)/ /3 Comments

The Court of Appeal decision in Churchill v Merthyr Tydfil Borough Council [2023] marks a significant development in the area of mediation and other forms of alternative dispute resolution (ADR) in the context of Court proceedings. For clients involved in litigation, this case represents a shift in the Court’s approach to mediation, potentially impacting how…

Bias, Cognitive Bias, Neutrality

(Independent Arbitrator)/ /1 Comment

Neutrality is often held up as the cornerstone of mediation, a beacon of fairness ensuring balanced outcomes. Yet, this hallowed principle might not be as straightforward or as beneficial as it seems. When we peel back the layers, neutrality reveals itself as a nebulous ideal—challenging to define, difficult to achieve, and questionable in its desirability….

ADR, Costs in Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Third Party Funding, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

In a world where business disputes can drag on for years and generate exorbitant costs, mediation stands out as an efficient path to resolving conflicts more quickly and economically. However, when third-party litigation funding is involved, the dynamics shift significantly. The key question is: does litigation funding encourage mediation, or does it become an obstacle…

ADR, Conflict, crisis negotiatons, Dispute Resolution, Framing, Go to the balcony, Impasse, International Mediation, Tactics, Violence, War Stories

(University of New South Wales)/ /Leave a comment

Fisher and Ury’s Getting to Yes (first published in 1981 and never out of print)  was followed ten years later by Ury’s Getting Past No.  Both made a significant impact on our negotiation preparation and engagement. These texts, and others that followed, changed the landscape of negotiation in ways that have been remarkable and enduring….

Enforcement of a Mediation Clause, Future of mediation, India, Mandatory mediation

(Trilegal) and / /Leave a comment

I.                        Introduction   Part I of this 2-part series, dealt with the following aspects of the Act: the underlying objective behind enforcement of the Act; the scope of applicability of the Act; how does the Act define the term “Mediation” and the significance of that definition; and lastly, the meaning of a “mediation agreement” as…

Commercial Mediation, Intellectual Property, Singapore

(Research Associate Singapore International Dispute Resolution Academy)/ /Leave a comment

Introduction   Mediation is commonly used as a form of appropriate dispute resolution (ADR) for various types of disputes, and this is increasingly so for intellectual property (IP) disputes. As recorded in the inaugural IP section of the Singapore International Dispute Resolution Academy (SIDRA) Survey: 2024 Final Report (SIDRA IP Survey), 86% of the respondents…