Australia, Commercial Mediation, Domestic Courts, Governments/Public Sector, Judges as mediators, Jurisdiction, Mediation Institutions and Rules, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…

Causes of Conflict, Clients, Conventional wisdom, Lawyers, Litigation, Mentoring, Mistakes

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

We got off on the wrong foot right from the start. It was a boat building case and the detail was overwhelming. Too many gudgeons, pintles and bulwarks and by the time we got to a 3 day hearing, it had become the most toxic professional relationship with a counterpart lawyer of my young career. A day…

Argument, Commercial Mediation, conlfict coaching, Future of mediation, International Mediation, Joint Sessions, Mediation Lawyering, Settlement Agreements, Tips

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Once again, we find ourselves on the eve of the annual ICC Commercial Mediation Competition which is about to kick off in Paris, France next week. Last year I posted 10 tips for participants, one of the most important being that mediation remains an oral sport, and the most effective counsel and parties in real…

Commercial Mediation, Evaluative Mediation, Future of mediation, Joint Sessions, mediation models, Mediation Outcomes

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

This post is unlikely to win me friends on America’s West Coast and it may even see my US mediation teaching visa withdrawn, however when the issue even has its own Facebook group called Save the Mediation Joint Session and Promote Party Participation with over 50 of the world’s top mediators signed up, then the patient is more critical than I thought. The rise…

ADR, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Enforcement, International Law, International Mediation, National Mediation Laws

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In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…

Business, Commercial Mediation, Creativity, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Skills

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Before I left my law firm in the late 1990’s David Maister, a Boston management guru of whom many of you will know, was the darling of every large service firm, especially in the law and accountancy fields. He has long since retired but at his height he was good, very good – despite being a…

Commercial Mediation, Communication, conlfict coaching, Skills, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Tension Raising Behaviours; 100% statements Labelling Put downs and excitable statements Threats Interpreting/analysing/patronising/matronising Collecting allies Non-verbal behaviours Preparing an attack Sarcasm Defensiveness/self justifying Over detailing Tension Reducing Behaviours; Acknowledging probable legitimate concerns Put in perspective Be specific Own the interpretation Own the personal response Invite feedback Invite response

Appointment of Mediators, Clients, Creativity, Mediation Practice, Neutrality, Success in mediation, Training, Understanding mediation

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Many mediations are 80/20 – that is, 80% of the day spent in dialogue and debate with not much sign of movement and, as evening gathers, 20% frenetic activity. So it is not unusual for the parties to sit together for many hours and ask towards the end of the day “are we any nearer each other?”…