Commercial Mediation

ADR, Commercial Mediation, Court Procedure and Litigation, Dispute Resolution, Future of mediation, Litigation, mediation as a career, Uncategorized, Young Mediators

(Singapore International Mediation Institute)/ /2 Comments
Young Mediators Initiative (YMI)

When someone asks me to explain what mediation is, I often find it easier to tell them what it is not. Sometimes I will start by asking them if they are familiar with litigation or arbitration, and use those modes of dispute resolution as a point of comparison. I often see workshops and seminars introduce…

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…

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Legal Issues, Litigation, Mediation Agreement, Mediation Outcomes, Scotland, Settlement Agreements, Uncategorized, Understanding mediation

(University of Strathclyde)/ /7 Comments

Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from “that’s an interesting idea” to “it has nothing whatever to do with it”. At a conference earlier this year a senior lawyer claimed he could count…

Argentina, Argument, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Dispute Resolution, Lawyers, Mediation Lawyering, South America, Success in mediation, Uncategorized

(EGCP S.A.)/ /Leave a comment
Young Mediators Initiative (YMI)

In Buenos Aires, the city where I currently practice mediation, mediation is mandatory before suing the other party. Thanks to this system, I was able to start mediating my first cases right after I was certified. After a few cases, however, I began to realize just how overwhelming it can be when parties’ advocates are…

ADR, Arbitration, Business, Commercial Mediation, Conflict, Developing the Field, Dispute Resolution, International Law, International Mediation, Legal Issues, Legislation, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Middle East, National Mediation Laws, Understanding mediation

(Université Panthéon Assas (Paris II))/ /2 Comments
Young Mediators Initiative (YMI)

I am a young Lebanese graduate in mediation and currently training to practice in Paris. I frequently get asked the following questions: What is the mediation situation in the Middle East? Is it because your country is a non-mediation country that you are training in Europe? What is the mediation situation in the Middle East?…

ADR, Appointment of Mediators, Arbitration, Clients, Cognitive Bias, Commercial Mediation, Court Procedure and Litigation, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Litigation, Mediation Contract Clause, Mediation Lawyering, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Pre-arbitration Dispute Settlement Procedures

(Bill Marsh Mediator)/ /9 Comments

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

Causes of Conflict, Commercial Mediation, Communication, Conflict, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Governments/Public Sector, Impasse, Interests, Mediation Practice, Negotiation, Practical Challenges for Mediators, Public Policy, Scotland, Transformation, Uncategorized

(Core Solutions Group)/ /1 Comment

John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced and explored the concept of what is known as Nash equilibrium….

ADR, Book Review, Business, Causes of Conflict, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Developing the Field, Future of mediation, General, Improvisation, Language, Mediation Practice, Mediation Users/Clients, Neuroscience, Policy, Scotland, Skills, Stories, Success in mediation, Tips, Training, Uncategorized

(Core Solutions Group)/ /1 Comment

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

ADR, ADR Clauses, Clients, Commercial Mediation, Confidentiality and Transparency, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Lawyers, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Act, Mediation Agreement, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Policy, Practical Challenges for Mediators, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Trade, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted? Say your client is a multinational corporation doing business with numerous organizations around the globe. Your…