Commercial Mediation

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….

Commercial Mediation, Costs in Mediation, Developing the Field, Third Party Funding

(Brick Court Chambers / Clifton Chambers) and (Bill Marsh Mediator)/

This is the second in a series of two posts about third party funding (TPF) of litigation Geoff’s Part 1 looked at the principle of TPF. Now mediators Bill Marsh and Geoff Sharp get together to share thoughts on the impact TPF has on the mediation process Whatever else mediation is, it is certainly a…

Commercial Mediation, Dispute Resolution, EU Directive on Mediation, Europe, International commercial mediation, Regulation

(Assonime, the Association of Italian Joint Stock Companies)/ /Leave a comment

The European Company Law Special Issue on mediation and corporate disputes focuses on the law and practice of mediation for corporate disputes in different European countries (Austria, Belgium, France, Germany, Italy, The Netherlands, Spain and the UK). Contributors are both academics and experienced practitioners active in the field of mediation. They are: • for Austria:…

Commercial Mediation, Developing the Field, Future of mediation, Global Pound Conference Series 2016-17, International commercial mediation, Mediation Users/Clients, Promoting Mediation

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

This blog comes (almost live) from the Berlin Global Pound conference, held on 24 March 2017. This was the 13th in a series of 39 coordinated events on commercial dispute resolution mechanisms around the world. The name goes back to the 1976 Pound conference in St. Paul, which marked a key moment in the advent…

ADR, Commercial Mediation, Confidentiality, Court Procedure and Litigation, cross-border mediation, Developing the Field, Enforcement of a Mediation Clause, harmonisation of mediation law, Hong Kong, International commercial mediation, International Courts, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Reforms (Legislation, etc.), Quality, Reform, Regulation, Singapore, Third Party Funding

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

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation. In 2017 Singapore offers international parties a full suite of dispute resolution services for commercial cross-border disputes. The Singapore International Arbitration Centre (SIAC) is well-established, having been founded in 1991, and Singapore…

Commercial Mediation, Confidentiality, Developing the Field, Enforcement, Enforcement of a Mediation Clause, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Institutions and Rules, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Settlement Agreements, Singapore

(National University of Singapore, Faculty of Law)/ /Leave a comment

In November 2013, the Ministry of Law Working Group on International Commercial Mediation delivered its report on developing international commercial mediation in Singapore. Amongst the key recommendations in this report were the creation of a mediation service provider for international matters (the Singapore International Mediation Centre), the creation of a mediation accreditation body (the Singapore…

Commercial Mediation, Conflict, Creativity, Decision making, International Mediation, Intuition, Language

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

While I haven’t been to the ICC competition for a few years, I am so looking forward to attending in early February. Paris in the dead of winter is magical. Those lonely 6am starts from an empty and frigid Charles de Gaulle Étoile on Paris Métro Line 1 are a right of passage for any aspiring mediator….

Bias, Brexit, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Decision making, Dialogue, Dispute Resolution, Future of mediation, Interests, Mediation Practice, mediation process, Neuroscience, peace negotiations, Promoting Mediation, Scotland, Training

(Core Solutions Group)/ /2 Comments

I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its uncertainty, tragedy, hope and opportunity. On that theme, my wife…