Business

Business, Commercial Mediation, Court Procedure and Litigation, Domestic Courts, Ethics, Growth of the Field (Challenges, New Sectors, etc.), Judges as mediators, Mediation Reforms (Legislation, etc.), Uncategorized

(Weiler ADR Inc.)/ /1 Comment

Two stories in the Canadian media caught my eye this past month. New Rules for Bank Mediators – The Federal Minister of Finance has indicated that the Canadian federal government will not require banks to mediate their disputes with customers through mediation services offered by the Ombudsman for Banking Services and Investments (OBSI). OSBI is…

Business, Commercial Mediation, Community Mediation, Court Procedure and Litigation, Dispute Resolution, Europe, Legal Practice, Mediation Practice, Mediation Users/Clients, Success in mediation, Surveys, Uncategorized

(Pel Mediation)/ /Leave a comment

Since April 2005 there have been two structural provisions for referral to mediation: via the Legal Desk and via the Judiciary. Besides, conflicting parties can start mediation on their own initiative or after referral by other bodies. Other referring bodies comprise, for instance, occupational health and safety services, social services, youth services, the police, social…

ADR Clauses, Appointment of Mediators, Arbitration, Business, Commercial Mediation, Dispute Resolution Clause, Legal Practice, Med-Arb Clauses, Mediation Contract Clause, Pre-arbitration Dispute Settlement Procedures, Settlement Agreements, Uncategorized

(National Alternative Dispute Resolution Advisory Council)/ /1 Comment

The quiet child of the legal brood is the transactional lawyer. They are a group that offer hidden wells of future development for mediation. This group of lawyers has extensive and close ongoing relationships with the individuals clients–the people who work in corporate, government and commercial clients. Transactional lawyers are the ones who document their…

Business, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Standards, Success in mediation, Uncategorized, War Stories

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

Yes I do –  and as I stood 4th in line outside Dick Smith’s (read  PC World or Radio Shack) at 5am Friday week ago waiting to get my hands on my first iPad I resolved to make the iPad 3 central to my practice. The guy next to me had been on the TV…

ADR, Business, Commercial Mediation, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Mediation Outcomes, Mediation Practice

(University of Strathclyde)/ /1 Comment

It is not uncommon to hear lawyers speak warmly of mediation in general, but when asked if they would recommend it for a particular case respond that they could not see it working. Related to this, lawyers who have developed well-honed negotiation skills may struggle to see how a mediator could improve on their outcomes….

ADR, Business, Commercial Mediation, Dispute Resolution, Europe, General, Growth of the Field (Challenges, New Sectors, etc.), Success in mediation

(Herbert Smith LLP)/ /2 Comments

One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my international law firm – which has attempted to gather data on mediations in which we have participated for nearly 15…

ADR, Business, Clients, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Ethics, Lawyers, Legal Practice, Uncategorized, War Stories

(First Mediation Corporation)/ /Leave a comment

The Situation: Your adversary is attacking your case in the mediation in such a manner that good faith negotiations seem like a distant cousin to all out war. You are looking for a way to recover. You don’t want to walk out of the room, but you are running out of options and the negotiation…

ADR, Book Review, Business, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Legal Practice, UN and International Organizations

(CMS)/ /Leave a comment

While the world becomes ever faster-paced, litigating business disputes are unchangeably slow. The recently published World Bank’s “Doing Business 2012: Doing Business in a More Transparent World” report shows that state court procedures in most countries remain lengthy, costly and complicated. Although this is not good news for anyone, as a side effect, the flaws…

ADR, Business, Commercial Mediation, Growth of the Field (Challenges, New Sectors, etc.), Particular Sectors (e.g. Construction, Banking, etc.), War Stories

(CMS)/ /Leave a comment

Patent wars are a perennial hot topic with not only IP experts being familiar with stories of well-known patent disputes. A classic example is perhaps the story of the Wright brothers, who received a patent for their method of flight control in 1906 and fiercely defended it for years afterward, by suing other aviators and…