Commercial Mediation

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, mediation as a career, Mentoring

(Bill Marsh Mediator)/ /7 Comments

A few years ago, the mediation world was alight with gossip about the proposed launch of IMI, the International Mediation Institute (see www.IMImediation.org if you have never heard of it). Proponents and opponents in equal measure gathered either to welcome a fresh initiative, or to man the barricades against an attack on cherished turf. The…

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

(Pepperdine University School of Law)/ /Leave a comment

A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict…

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

(Mediar360 - Dispute Resolution )/ /Leave a comment

Since 2010, when the Brazilian National Council of Justice (CNJ), the agency that controls and manages the quality of civil services rendered by the Brazilian Judiciary Power, issued Resolution no. 125 , the mediation market in Brazil became considerably more active. This new Public Policy provided instructions on the proper handling of conflicts within the…

'Money-only' Cases, Commercial Mediation, Court Procedure and Litigation, Evaluative Mediation, Mediation Outcomes, Settlement Agreements, Success in mediation

(Weiler ADR Inc.)/ /Leave a comment

A recently reported decision of the Ontario Superior Court highlights the efficacy of the mediation process in resolving complex disputes particularly in circumstances where uncertainty of outcome reigns supreme.  In Johnston v. The Shelia Morrison Schools, 2013 ONSC 1528 Justice Perell was asked to approve a settlement in an Action which had been certified under…

Commercial Mediation, Communication, conlfict coaching, Creativity, Future of mediation, General, Impasse, Improvisation, Instinct, Mediation Lawyering, Mediation Practice, Mentoring, Tactics, Understanding mediation

(Bill Marsh Mediator)/ /6 Comments

Sometimes, I look around at mediation events at a sea of grey hair (mine included!). Where, I wonder, are those to whom we are handing this torch? And more importantly, what do they think? So as the dust settled on last month’s ICC mediation competition in Paris, I took the chance to capture some of…

Commercial Mediation, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), Impasse, International Mediation, mediation as a career, mediation models, Public Policy, Uncategorized, War Stories

(Weiler ADR Inc.)/ /Leave a comment

Mediator is New Premier in Ontario Following my rant last month about the need for more mediators in public policy-making, the Liberal Party of Ontario has chosen a former mediator, Kathleen Wynne, as their new leader and, consequently, as the first woman Premier of Ontario. I had no idea this Blog had so much influence….

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Lawyers, Legal Practice, Litigation, Mediation Practice, Mediation Users/Clients

(Linklaters LLP)/ /Leave a comment

You may have seen a post on 17 April 2012 exploring the thinking behind the Commercial Mediation Group, an affiliation that aims to give a voice to the users of commercial mediation services. The post explained what the CMG had been up to since its inception and communicated the results of a survey on topical…

Below the line, Causes of Conflict, Clients, Commercial Mediation, Conflict, Efficiency, General, Mediation Practice, Mediation Users/Clients, Mistakes, Uncategorized, Understanding mediation

(Bill Marsh Mediator)/ /Leave a comment

Many of you will have read of the tragedy this week in Arizona, where a mediation ended in the death of one party, and the serious wounding of their lawyer. Details are still sketchy, but it seems that a mediation of a commercial dispute was taking place in an office in downtown Phoenix, between a…

ADR, Business, Commercial Mediation, Growth of the Field (Challenges, New Sectors, etc.)

(Mediar360 - Dispute Resolution )/ /Leave a comment

Despite the beautiful summer sunshine outside the window, the end of holidays always bring us back to the unavoidable reality of the new year: hard work. January is time to go through the large number of data and information that is published every year end, picturing not only the previous year (in this case, 2012),…

Commercial Mediation, Conventional wisdom, Creativity, Developing the Field, Efficiency, Future of mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Negotiation, Public Policy, Settlement Agreements, Success in mediation, Understanding mediation

(Weiler ADR Inc.)/ /Leave a comment

A potpourri of mediation-related reflections as the holiday break fades from memory. Hockey Mediation – With last Saturday’s puck drops in 13 cities the National Hockey League has commenced its lockout-shortened season. Full arenas around the league confirm the strength of the game’s drawing power if not the forgive-and-forget sentiments of long-suffering fans. Readers of this…