Commercial Mediation

ADR, Argument, Below the line, Brexit, caucus, Clients, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, cross-border mediation, Decision making, Dialogue, Fear, Impasse, Instinct, Intuition, Joint Sessions, Mediation Practice, mediation process, Middle East, Negotiation, peace negotiations, Perception, Practical Challenges for Mediators, shuttle mediation, Stories, Success in mediation, The role of the mediator, Trust, Violence

(Bill Marsh Mediator)/ /2 Comments

Bloomberg (not my usual reading fodder, I confess) carried an interesting piece a couple of months ago, entitled “Meet the Real Force Behind the Brexit Talks”. Yes, it was about Brexit (yawn) but it was about an unseen side of the negotiations. Opening with the line “In every negotiation the most important work is done…

Bias, Cognitive Bias, Commercial Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Mediation and Society, Mediation Practice, mediation process, Mediators’ Conduct, Neuroscience, peace negotiations, Personal Development, Policy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Reflective Practice, Scotland, shuttle mediation, Skills, Social intelligence, Success in mediation, The role of the mediator, Tips, Transformation, Trust, Uncategorized, Understanding mediation

(Core Solutions Group)/ /Leave a comment

“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll make no progress that way. And you are using so much effort. Relax. When you get into difficulty, you are expending…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement, Settlement Agreements, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /3 Comments

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution…

ADR, ADR Agreements, Arbitration, Art, Commercial Mediation, cross-border mediation, Employment, Family Mediation, Language, United States

(FORARB/Charles University)/ /18 Comments

James Bond enters a casino where a beautiful girl is sitting at the bar. He approaches her, buys her a drink and makes his obligatory introduction: “Bond, James Bond…” After brief chatting, she asks him about his profession. Then, the usually reckless hero comes up with a cover story: “I am a mediator… Traveling to…

ADR, Commercial Mediation, Developing the Field, ICC Mediation Competition, International Mediation

(Kwok, Ng & Chan, Solicitors & Notaries)/ /4 Comments

I still remember the very first time I met Colin. It was during my CIArb fellowship oral assessment in Hong Kong. Entering the room with an overwhelming presence, he asked the candidates several questions on costs in arbitration. While the questions themselves were tough and challenging, it was apparent through his encouraging tone and body…

Commercial Mediation, Mediation Practice

(Weiler ADR Inc.)/ /Leave a comment

  The recently released decision in L-Jalco Holdings Inc. v. Lawrynowicz & Associates, 2018 ONSC 4002 (CanLII) will be of great interest to mediators, lawyers and clients alike. The case offers a rare glimpse inside the “sausage factory” that is commercial mediation and highlights mediator persistence and creativity in reaching a settlement of a complex…

Arbitration, Australia, Commercial Mediation, Dispute Resolution, Due Process, Hong Kong, Legal Issues, Legislation, Med-Arb Clauses, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, The role of the mediator

(Strategic Resolution)/ /Leave a comment

(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…

Appointment of Mediators, Co-mediation, Commercial Mediation, cross-border mediation, Future of mediation, International commercial mediation, International Mediation, Uncategorized

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

Having looked at The Rise of Co Mediation in Mega Mediations last month and the challenges such cases pose for mediators, let’s get a little closer to the inner workings of these mediations, especially at the intake stage. So many moving parts – the people, the paper, the posturing –  like a long haul plane sitting…

Commercial Mediation, Conflict, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Promoting Mediation

(MCiArb, Mediator and Co-founder of YMI)/ /4 Comments
Young Mediators Initiative (YMI)

I am as much a mediator as I am a member of the global exhibition industry. Knowing both professions intimately, I strongly believe that mediation should be a fundamental tool used to address and solve conflicts within the exhibition industry. In the exhibition industry, healthy co-operation is key to future success and business relationships are…