Commercial Mediation

Australia, Clients, Co-mediation, Commercial Mediation, Conventional wisdom, Future of mediation, General, Improvisation, mediation as a career, mediation models, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Skills, Training, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

The legendary cellist Pablo Casals was once asked why he continued to practice at the age of 90. “Because” he replied, “I think I’m making progress”. It is an extraordinary acknowledgement from a man widely regarded as one of the greatest ever cellists. Let’s be clear – Casals was a colossus in his world. Fritz…

Business, Commercial Mediation, Corporate Counsel's View, Efficiency

(Mediar360 - Dispute Resolution )/ /Leave a comment

I have heard the title of today’s post during CPR’s Business Mediation Congress , which took place last week in Brazil. It couldn’t be more correct: companies should not be in the litigation business, but in the business of doing business. With vast participation from different segments of the local business community, two important topics…

Causes of Conflict, Commercial Mediation, Conventional wisdom, Humorous Pieces, Stories, Tactics, Uncategorized

(Weiler ADR Inc.)/ /3 Comments

Story telling and humor are among the essential tools in any mediator’s kit. Of course, when it comes to humor, mediators learn early in their career that the self-deprecating variety is usually the safest choice. This turns out to be quite good for me since in my life there is no shortage of material to…

ADR, Clients, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Due Process, Efficiency, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Lawyers, Legislation, Litigation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Public Policy, Uncategorized

(ADR Center)/ /Leave a comment

The recent publication of a study conducted for the European Parliament on Mediation, “Rebooting the Mediation Directive,” has contributed to the ongoing debate about effective mediation policy. I am the coordinator of that Study, whose results were based on 816 questionnaires completed by respondents from the 28 member states of the EU. The Study determined…

Commercial Mediation, Conventional wisdom, Creativity, Efficiency, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Lawyers and Psychologists, mediation as a career, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Mentoring, Mistakes, Singapore, Standards, Status, Stories, Success in mediation, Switzerland, Understanding mediation, War Stories

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Having last week returned to New Zealand from Singapore where I was honoured take part in the launch of the ICC Mediation Rules, I saw first hand the support for mediation in Singapore from powerful institutions like the Singapore Judiciary and the Ministry of Law. Singapore, and my guess is Asia in general, is in the…

Commercial Mediation, Communication, Cross-cultural

(Mediar360 - Dispute Resolution )/ /Leave a comment

It is not an April Fool´s Day hoax. On April first 2014, Brazil will effectively become the 79th country to adopt the United Nations’ Convention on Contracts for the International Sale of Goods (also known as CISG(*)). Although Brazil already adopts several principles of the Convention, this is, no doubt, a great step forward, as…

Commercial Mediation, Costs in Mediation, Efficiency, Enforcement of a Mediation Clause, Future of mediation, Judges as mediators, Lawyers, Legal Practice, Mediation Agreement, Practical Challenges for Mediators

(Weiler ADR Inc.)/ /Leave a comment

Greetings from the heart of the Polar Vortex! Yes, it’s been a brutally cold and snowy winter here in Ontario, Canada, but now, in late February, the lengthening days and (relatively) warmer temperatures remind me of that point in a mediation when it seems that all hope of resolution has forever frozen over and yet,…

ADR, Commercial Mediation, Europe, International Mediation, Skills, Success in mediation, Uncategorized, Understanding mediation

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

The annual ICC Commercial Mediation Competition is about to kick off in Paris, France on 7 February 2014 and as I write this 500 students from over 40 countries will be making their way to The City of Light by trains, planes and bus. Teams are drawn from law and business schools across the globe and…

'Money-only' Cases, Commercial Mediation, Creativity, Future of mediation, Mediation Outcomes, Practical Challenges for Mediators, Tactics, Understanding mediation

(Weiler ADR Inc.)/ /2 Comments

An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience from approximately 3,000 mediations conducted over the past 22 years. I urge readers to look a the Lawyers Weekly article…

Below the line, Commercial Mediation, Communication, Confidentiality, Confidentiality and Transparency, conlfict coaching, Conventional wisdom, Creativity, Developing the Field, Ethics, Future of mediation, General, Instinct, Interests, Language, Lawyers, Mediation Lawyering, mediation models, Mediation Practice, Mistakes, Skills, Stages of mediation, Uncategorized, Understanding mediation, War Stories

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

This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins. Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me…