Commercial Mediation

Appointment of Mediators, Clients, Commercial Mediation, Corporate Counsel's View, Evaluative Mediation, General, lawyers in mediation, Legal Issues, Mediation as a business, mediation as a career, Mediation Practice, mediation process, Mediation Users/Clients, Success in mediation, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

Like all businesses, mediation ultimately depends upon (and needs to reflect) what the users want from it. That doesn’t of course mean that theirs in the only relevant perspective – mediators also have views on what the process can and should offer. But at the very least it’s a vital part of the equation (I…

Commercial Mediation, Dispute Resolution, Legislation, Mediation Practice, Vietnam

(Vietnam National University, Faculty of Law, University of Economics and Law)/ /Leave a comment

1. Introduction Although private commercial mediation has been offered in Vietnam for around ten years,[1] Some arbitration centres in Vietnam introduced and offered private commercial mediation since 2007 the Vietnamese Government’s enactment of Decree 22/2017/NĐ-CP on 24 February 2017 on Commercial Mediation (hereinafter Decree 22) has been significantly meaningful. Firstly, the Decree 22 has steadily…

Commercial Mediation, Dialogue, Economics, Environmental disputes, Environmental Mediation, Public Policy

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

Previous blog entries on this theme of water have focussed primarily on the process and stalled progress of the Land and Water Forum [LWF] in New Zealand. This was a process intended to bring together most if not all of the stakeholders on questions of water allocation and quality. As we’ve seen earlier, what looked…

Causes of Conflict, Cognitive Bias, Commercial Mediation, Europe, Ireland, Mediation Practice, peace negotiations, Reflective practise, Russia, Scotland

(Core Solutions Group)/ /2 Comments

I am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals. It was a privilege to spend time at Glencree, the centre for peace and reconciliation which was one of those places where so much was done in recent…

ADR, 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.), International Mediation, Mediation Users/Clients, Promoting Mediation, user perspectives

(Independent Mediators)/ /Leave a comment

On 6 July I attended the finale of the Global Pound Series held in London, the last in the series of events held worldwide to an audience of over 2000 over 30+ events. I will say now I am not a mediator, I know you are asking why did I get asked to write a…

Commercial Mediation, Mediation Outcomes, Promoting Mediation, Training, Young Mediators

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Imagine you are a university lecturer, teaching courses in negotiation and mediation. Imagine you are also teaching a course in legal English for non-native speakers, which closely shadows a course in English private law, taught by a professor of law. One of the things you do in the latter class is support the students in…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Particular Sectors (e.g. Construction, Banking, etc.), Research, user perspectives

(Victoria University of Wellington)/ /Leave a comment

I recently carried out New Zealand’s first empirical research on the users of commercial mediation. This is Part Three of a three-part study (Part One = the mediators, Part Two = the gatekeepers/lawyers). Getting to grips with what users think of commercial mediation is the Holy Grail for mediation professionals. Until now in New Zealand,…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Regulation

(Serle Court)/ /Leave a comment

What is it about disputes in regulated sectors that make them suited to mediation? Regulated sectors are ripe for disputes. Whether it’s the energy, financial or telecoms sector, there are often incumbent players that own key infrastructure that is essential for delivering services to customers. At the same time new entrants may be vying for…

Commercial Mediation, International commercial mediation, International Mediation, Lawyers, lawyers in mediation, Negotiation

(MDisputes)/ /Leave a comment

Savvy litigators often tell their clients that “a bad settlement always beats a good litigation”. That may be partly because there is embarrassingly scant guidance in the literature, or even in the world’s law schools, on how lawyers can help their clients settle well rather than badly. I recently had the honor of writing the…

Commercial Mediation, cross-border mediation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), ICC Mediation Competition, International Mediation, Mediation Practice, Mentoring, Promoting Mediation

(Bill Marsh Mediator) and (Centre for Commercial Law Studies, Queen Mary University of London)/ /4 Comments

I (Bill) remember doing my first commercial mediation. I was 29, and in the presence of the four parties and their advisers I felt even younger. It was not lost on me that (as Suzanne Rab recently noted in Do You Need Grey Hairs to Mediate?) people expected someone older to walk into the room….