Commercial Mediation

ADR, Arbitration, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, Future of mediation, harmonisation of mediation law, International Mediation, mediated settlement agreement, New York Convention, Promoting Mediation, UN and International Organizations, Uncategorized, UNCITRAL, UNCITRAL Model Law

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

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements…

Below the line, Clients, Commercial Mediation, Communication, Community Mediation, Conflict, Conventional wisdom, Creativity, Dialogue, Dispute Resolution, Due Process, General, Instinct, Intuition, mediation as a career, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Playbook, Practical Challenges for Mediators, Reflective practise, Skills, Tips, Transformation, Understanding mediation

(Bill Marsh Mediator)/ /11 Comments

It’s not easy to blog once a month, even on a subject I love. Often I sit down to write with no real ideas or inspiration. Sometimes I end up that way too (as you may have noticed!). It becomes easy to dread the approach of my monthly publication date. Often the pressure lies in…

Commercial Mediation, Conflict, Dispute Resolution, Improvisation, Mediation Practice, mediation process, Reflective practise, Scotland, Skills

(Core Solutions Group)/ /5 Comments

Recently, I was ruminating about analogies between cricket and mediation. Cricket is a much-loved sport in Scotland. Sadly, nowadays, changes in the climate mean that cricket in my home country is more often affected by summer rain and damp conditions than a generation ago. Its future is less certain as a result. I have always…

Commercial Mediation, Feedback, ICC Mediation Competition, Mentoring, Training, Young Mediators

(MCiArb, Mediator and Co-founder of YMI)/ /1 Comment
Young Mediators Initiative (YMI)

I recently attended a fantastic presentation by Gina Warren, entitled “The Power of Empowerment”. Gina is a visionary, servant leader with a career marked by workplace inspiration and empowerment. I really enjoyed her presentation at the Global CEO Summit of UFI in Cannes, France, this past January, and I was delighted to meet her during…

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Japan, Promoting Mediation, UNCITRAL

(Waseda University) and (University of Sydney & Williams Trade Law)/ /1 Comment

More than 1,400 years ago, Japan codified Confucian and Buddhist approaches to governing in Prince Shotoku’s Constitution, whose first article provides that “[h]armony should be valued, and quarrels should be avoided.” The underlying principle, wa (harmony), was promoted and reflected in the fabric of Japanese society and may have contributed to a persistent preference for…

Commercial Mediation, Dispute Resolution, Lawyers, Legal Practice, mediation as a career, Mediation Practice, Reflective practise

(Core Solutions Group)/ /1 Comment

At the start of another year, it can be useful to conduct a bit of a personal stock-take. What holds us back from achieving all we could this year? How many of us suffer from silent self-doubt? How many of us would admit to feelings of inadequacy, anxiety and uncertainty about what we do? Far…

ADR, ADR Clauses, Appointment of Mediators, Availability of Mediators, caucus, Clients, Commercial Mediation, Corporate Counsel's View, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Evaluative Mediation, Future of mediation, General, Global Pound Conference Series 2016-17, International commercial mediation, International Mediation, Joint Sessions, Lawyers, Legal Issues, Mediation Contract Clause, Mediation Lawyering, mediation process, Mediation Users/Clients, Promoting Mediation, Quality, Stages of mediation, Stories, Tips, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

This is the second in a short series of blogs interviewing regular users of mediation about what they really want from mediators and from mediation. We kicked off last month with Rebecca Clark. This month, I have the pleasure of interviewing Michael McIlwrath, who has been the head of litigation for GE Oil & Gas…

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

(Core Solutions Group)/ /Leave a comment

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

ADR, Arbitration, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Research

(Pepperdine University School of Law)/ /3 Comments

In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Recently, a series of day-long meetings styled as the Global Pound…

Commercial Mediation, Cross-cultural, Developing the Field, Future of mediation, International commercial mediation, Mediation Practice, Promoting Mediation

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

Over recent years the number of (mainly law) student mediation moots around the world has increased at a remarkable rate. In addition to well-known venues in Paris, Vienna, and Goa, I have heard of events in Bangalore, Bhopal, Chicago, Hanover, São Paulo, Sydney … and Hamburg. There will be more. This is a bug that…