Corporate Counsel’s View

ADR, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Enforcement, International Law, International Mediation, National Mediation Laws

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

In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…

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

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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…

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, ADR, Arbitration, Corporate Counsel's View, Developing the Field, Mediation Users/Clients, Not-for-Profit Organizations (NGO), Reform, Standards

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This is the final posting of a 3-part series. Previous posts in the series noted the gathering tempest being whipped up by opacity in ADR practice. How can structural change help the ship steer towards modernity? User demand for more information and higher professional standards in ADR is unequivocal. An international institution is needed to…

Accreditation, ADR, Appointment of Mediators, Arbitration, Commercial Mediation, Confidentiality and Transparency, Corporate Counsel's View, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International Mediation

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Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations…

ADR, Arbitration, Clients, Commercial Mediation, Corporate Counsel's View, Dispute Resolution, General, India, Legal Issues

(Singapore International Dispute Resolution Academy)/ /2 Comments

This month of May witnessed the launch of the India International ADR Association (IIADRA). And what a blast it was! Judicial luminaries, leading lights of the legal profession, business leaders and politicians all descending upon the gorgeous port city of Kochi on the southwestern Indian coast in the state of Kerala. At first glance Kochi…

'Money-only' Cases, Appointment of Mediators, Availability of Mediators, Commercial Mediation, Conventional wisdom, Corporate Counsel's View, Dispute Resolution, Evaluative Mediation, Future of mediation, General, Instinct, Lawyers, Mediation Outcomes, Mediation Practice, mediation traditions, Skills, Surveys

(Brick Court Chambers / Clifton Chambers)/ /2 Comments

Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the process and butt out of the outcome. Recently there have been a number of calls for mediators to do more – more what is…

ADR, Below the line, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Creativity, Decision making, Dispute Resolution, Due Process, Efficiency, Ethics, insider and outsider mediators, Instinct, Lawyers, Mediation Practice, mediation traditions, Mediation Users/Clients, Mentoring, Mistakes, Neuroscience, Planning, Skills, Standards, Stories, Success in mediation, Survivor

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Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, 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, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

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Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…