Costs in Mediation

Confidentiality, Costs in Mediation, Court Procedure and Litigation, Ireland, Mediation Practice, National Mediation Laws, Practical Challenges for Mediators, Regulation

(Sabine Walsh Mediation)/ /2 Comments

* The views expressed here are entirely my own! Nine years after its conception by the Law Reform Commission, a draft Mediation Law, the Mediation Bill 2017, was officially presented to the Irish parliament by the Minister for Justice this week and the debate on its provisions was thereby initiated. Rafal Morek has outlined what…

Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Ireland, Lawyers, Legal Practice, Legislation, Litigation, Mediation Reforms (Legislation, etc.), Regulation

(Sabine Walsh Mediation)/ /Leave a comment

First of all a very happy New Year to all our readers! May 2016 bring you peace, happiness and many, many hours of successful mediation. Here in Ireland, all we would really like is for it to stop raining, even for an hour or two. With the last month having been the wettest on record,…

ADR, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

Business, Causes of Conflict, Commercial Mediation, Communication, Conflict, Costs in Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Improvisation, Interests, Joint Sessions, Mediation Agreement, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Negotiation, Neuroscience, Scotland, Skills, Sport, Stories, Success in mediation, Uncategorized

(Core Solutions Group)/ /6 Comments

As 2014 comes to an end, it is good to reflect. How privileged many of us are. I often remark to others that my “job” is better than “real work”. What do I mean when I say that? As mediators, we have an extraordinary window through which we view life, other people and what happens…

Business, Causes of Conflict, Commercial Mediation, Conventional wisdom, Corporate Counsel's View, Costs in Mediation, Cross-cultural, Developing the Field, Dispute Resolution, General, Mediation Users/Clients, Singapore, Stories, Success in mediation, Uncategorized, Understanding mediation

(National University of Singapore, Faculty of Law)/ /Leave a comment

The Singapore Mediation Lecture 2014 was delivered on 26 September 2014 by Mr. Brad Berenson, the Vice President and Senior Counsel for Litigation and Legal Policy of General Electric. The third lecture in this series, the Singapore Mediation Lecture is a result of a partnership between the Singapore Mediation Centre, the Singapore Management University School…

Costs in Mediation, Court Procedure and Litigation, Litigation, Mediation Schemes (In Courts, etc.)

(CMS)/ /2 Comments

An apple a day keeps the doctor away. The judiciary in the Big Apple took an important step for promotion of mediation. On July 28, the Commercial Division in New York County Supreme Court introduced a pilot mandatory mediation program. In 1993 New York pioneered in creating a specialized commercial court to handle complex business…

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,…

'Money-only' Cases, Costs in Mediation, Public Policy, Tactics

(Weiler ADR Inc.)/ /1 Comment

Should the conduct of a party in mediation be taken into account in setting cost consequences once the dispute has been adjudicated? An insurer has been “spanked” to the tune of $60,000 by an Ontario Court for failure to participate in a mediation in “any meaningful sense”. The cost decision of Mr. Justice Ramsay in…

Appointment of Mediators, Conflict, Costs in Mediation, Court Procedure and Litigation, Decision making, History of mediation, Humorous Pieces, Impasse, Improvisation, Litigation, mediation traditions, War Stories

(Bill Marsh Mediator)/ /4 Comments

I am indebted to my friend and fellow mediator Mark Lomas QC for sending me the following email recently: ‘I have come across what I think may be one of the earliest recorded mediations in England, and conducted at the highest level. An Italian called Tito Livio dei Frulovisi wrote an account of the life…

Commercial Mediation, Confidentiality and Transparency, Costs in Mediation, Court Procedure and Litigation, Settlement Agreements

(Weiler ADR Inc.)/ /Leave a comment

As Ella Fitzgerald used to sing, Summertime and the livin’ is easy. Your faithful Canadian correspondent knows you are craving mediation-related reading to help you while away those lazy, crazy-hazy days of summer. Four recent Canadian judicial decisions should fill the bill. Supreme Court of Canada encourages Pierringer Agreements. In June the Supreme Court of…