Commercial Mediation

ADR, Commercial Mediation, Cross-cultural, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Practice, Negotiation, Training

(Mediar360 - Dispute Resolution )/ /Leave a comment

As the world of business develops at an unprecedented pace, we all are constantly facing new challenging situations which we must rapidly understand, find new solutions to and, in some cases, adapt ourselves to. A global net of co-operations, business opportunities, market resources and novel technologies has inevitable spanned across our world of business. Along…

Appointment of Mediators, Availability of Mediators, Bias, Commercial Mediation, Dispute Resolution, Future of mediation, Gender, General, Practical Challenges for Mediators

(Bill Marsh Mediator)/ /14 Comments

This is a blog I have shied away from writing. Several times. Even now, as I do so, I am wary of it. But here goes. I’ll come right out with it. Very few women feature on the lists of “top” commercial mediators. This year’s Who Who Legal World’s Top Ten features precisely….none. Seriously? Come…

Argument, Commercial Mediation, conlfict coaching, Future of mediation, International Mediation, Joint Sessions, Mediation Lawyering, Settlement Agreements, Tips

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

Once again, we find ourselves on the eve of the annual ICC Commercial Mediation Competition which is about to kick off in Paris, France next week. Last year I posted 10 tips for participants, one of the most important being that mediation remains an oral sport, and the most effective counsel and parties in real…

Commercial Mediation, Deal Mediation, Dispute Resolution, Employment, Ethics, Europe, Family Mediation, Future of mediation, General, Governments/Public Sector, Greece, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Interests, Ireland, Joint Sessions, Language, Lawyers, Legal Issues, mediation as a career, Mediation Lawyering, mediation models, Mediation Outcomes, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Neuroscience, Nigeria, Particular Sectors (e.g. Construction, Banking, etc.), peace negotiations, Planning, Policy, Practical Challenges for Mediators, Public Policy, Reform, Scotland, Settlement Agreements, Skills, Sport, Stages of mediation, Standards, Success in mediation, Switzerland, Tactics, Transformation, Trust, UN and International Organizations, Uncategorized, Understanding mediation, Workplace

(Core Solutions Group)/ /1 Comment

I was all set to write about climate change and, more particularly, to reflect on some excellent writing on that subject which addresses so-called climate change sceptics or deniers. It seems to me that there is much to be learned about the motivations and psychology which affect such people and which can easily be read…

Appointment of Mediators, Below the line, Clients, Commercial Mediation, Conflict, conlfict coaching, Conventional wisdom, Decision making, Future of mediation, General, Instinct, Interests, Lawyers, Mediation Lawyering, mediation models, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Neutrality, Success in mediation, Uncategorized

(Bill Marsh Mediator)/ /8 Comments

Something is in the air at the moment. And it goes to the heart of what we mediators do. On the one hand, noted mediation thinkers such as Robert Bush and Joseph Folger write an empassioned challenge to the profession “Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination”, arguing that…

Business, Causes of Conflict, Commercial Mediation, Communication, Conflict, Costs in Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Improvisation, Interests, Joint Sessions, Mediation Agreement, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Negotiation, Neuroscience, Scotland, Skills, Sport, Stories, Success in mediation, Uncategorized

(Core Solutions Group)/ /6 Comments

As 2014 comes to an end, it is good to reflect. How privileged many of us are. I often remark to others that my “job” is better than “real work”. What do I mean when I say that? As mediators, we have an extraordinary window through which we view life, other people and what happens…

Commercial Mediation, Evaluative Mediation, Future of mediation, Joint Sessions, mediation models, Mediation Outcomes

(Brick Court Chambers / Clifton Chambers)/ /5 Comments

This post is unlikely to win me friends on America’s West Coast and it may even see my US mediation teaching visa withdrawn, however when the issue even has its own Facebook group called Save the Mediation Joint Session and Promote Party Participation with over 50 of the world’s top mediators signed up, then the patient is more critical than I thought. The rise…

Below the line, Clients, Commercial Mediation, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, General, Humorous Pieces, Improvisation, Mediation Lawyering, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Social intelligence, Uncategorized

(Bill Marsh Mediator)/ /3 Comments

Global Legal Post recently carried an article intriguingly entitled “Lawyers find Eureka moments in the shower“. Sadly the article itself lacked the slightly salacious promise of its title. Instead, it focused on the results of a survey of London city lawyers, indicating that those surveyed did their most creative thinking in the shower or commuting…

ADR, Business, Commercial Mediation, Communication, Deal Mediation, Dispute Resolution, Efficiency, Evaluative Mediation, Impasse, Improvisation, Lawyers, Mediation Practice, mediation traditions, Negotiation, Neutrality, Scotland, Skills, Stages of mediation, Stories, Uncategorized

(Core Solutions Group)/ /Leave a comment

I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator. I have changed my view….

ADR, Business, Commercial Mediation, Conciliation, Confidentiality, Confidentiality and Transparency, Corporate Counsel's View, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Jurisdiction, Lawyers, Litigation, Med-Arb Clauses, Mediation Reforms (Legislation, etc.), Reform, UN and International Organizations, Uncategorized, UNCITRAL Model Law

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

In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of…