Commercial Mediation

ADR, Business, Commercial Mediation, Corporate Counsel's View, Dispute Resolution, Efficiency, General, Uncategorized

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It is almost a consensus nowadays that large and small companies, regardless of their business activity or industry segment, must integrate in their corporate and operational strategies a variety of social, economical, and environmental elements in order to not only effectively satisfy all stakeholders, but also to remain sustainable and competitive in the long run….

Accreditation, ADR Clauses, Commercial Mediation, Conciliation, Corporate Counsel's View, Cross-cultural, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Governments/Public Sector, International Courts, International Law, International Mediation, Mediation Agreement, Mediation Contract Clause, Uncategorized

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The new ICC Rules of Mediation were unveiled this week at a global launch in Paris. Coming into force on 1 January 2014, the new ICC Rules will replace the ICC ADR Rules that have been used for amicable dispute resolution worldwide since 2001. The new Rules have been adapted to help parties resolve even…

Accreditation, Commercial Mediation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Lawyers, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Reform, Regulation, Singapore, Standards

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So, dear Readers, This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore. On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial…

Apology, Commercial Mediation, Conventional wisdom, Deal Mediation, Mediation Lawyering, Skills, Success in mediation

(Weiler ADR Inc.)/ /2 Comments

What constitutes effective mediation advocacy? Litigation lawyers in an ever-increasing number of jurisdictions around the world understand that mediation is becoming or has become the primary dispute resolution forum and thereforenaturally are interested in acquiring and enhancing the knowledge and skills necessary to effectively represent their clients in the mediation process. Earlier this year the…

Appointment of Mediators, Below the line, Bias, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Evaluative Mediation, General, Language, mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Training, Transformation, Understanding mediation

(Bill Marsh Mediator)/ /7 Comments

Mediators deal in words – not exclusively, but a great deal (and perhaps sometimes too much, but that’s another blog). So it pays for us to think carefully about what words really mean. A couple of years ago, I came across an article entitled “US facilitation yes, mediation no: Omar”. It detailed how Pakistan, through…

'Money-only' Cases, Apologies, Apology, Causes of Conflict, Commercial Mediation, Communication, General, Interests, mediation models, Mediation Practice, Mediation Users/Clients, Settlement Agreements, Skills

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

This week I spoke to a group of young legal practitioners here in New Zealand. I aimed low and went back to source. I suspect I got more of a kick out of it than anyone at the session. So, mediators, look away. There is nothing new here. But users, occasional or repeat, I hope these three…

ADR, Arbitration, Commercial Mediation, Developing the Field, mediation as a career

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Each September for the past 11 years, Cologne University, under the auspices of CENTRAL (the Center for Transnational Law: http://www.central.uni-koeln.de), and in Association with the German Institution of Arbitration (DIS: www.dis-arb.de) has hosted a Summer Academy in International Commercial Arbitration. More recently – 8 years ago – an academy on mediation was added, to run…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.)

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After a long wait, Corporate Mediation is slowly becoming recognized as an important settlement tool outside the small circle of current practitioners and enthusiasts, reaching a widespread audience which was unimaginable in Brazil not long ago. Among other evidence, a regulatory framework for Corporate Mediation is currently being debated at the Brazilian Senate, the traditional…

Accreditation, ADR, Availability of Mediators, Clients, Commercial Mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Reform, Samoa, Stories, Training, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

From the Samoan Observer 28 August 2013 Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale. Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea…

Commercial Mediation, Skills, Social intelligence, Success in mediation, Uncategorized, War Stories

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Sorry (as we Canadians tend to say a lot). I’m A few days late with this post as I’ve been vacationing in London U.K. with my wife and 14-year old daughter. (Wonderful time, thanks). Today is my first day back in the office after the two weeks away and I’m sure readers will know what…