Dispute Resolution

Australia, Dispute Resolution, Dispute Resolution Clause, Domestic Courts, EU Directive on Mediation, Judges as mediators, Legal Issues, Legal Practice, Mediation Practice, Regulation, Success in mediation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In his blog post on the 22nd of November, Kenny Aina referred to judges who mediate, commenting that many judges do not possess a mediator’s paradigm. To find out what that is, you will have to read Kenny’s blog. However, like it or not, many judges do mediate, both retired judges and active judges. In…

ADR, Business, Commercial Mediation, Dispute Resolution, Europe, General, Growth of the Field (Challenges, New Sectors, etc.), Success in mediation

(Herbert Smith LLP)/ /2 Comments

One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my international law firm – which has attempted to gather data on mediations in which we have participated for nearly 15…

Clients, Commercial Mediation, Developing the Field, Dispute Resolution, Due Process, Efficiency, Ethics, General, International Mediation, Mediation Outcomes, Mediation Users/Clients, Mediators’ Conduct, Settlement Agreements, Uncategorized, War Stories

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

Yep, it’s been an up-and-down month.  More down than up if I’m honest. But hey! I’ve done enough of these things to know that my old Dad was right all those years ago when we’d stand at the top of a black run and he’d say “Laddie, if you’re not falling down, you aren’t skiing…

ADR, Dispute Resolution, Efficiency, Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), Public Policy, Uncategorized

(Mediare)/ /Leave a comment

The evolution of society, its population growth and the consequent increasing complexity as to relationships made it necessary that the natural right to justice become a right guaranteed by the State. That came about due to the fact man used to make justice himself using physical violence and imposing his own interests. Access to Justice…

ADR, Appointment of Mediators, Availability of Mediators, Dispute Resolution, Judges as mediators, Mediators’ Conduct

(Aina Blankson LP)/ /1 Comment

Years ago, I participated in a Richard Salem led mediation skills acquisition training for retired Judges and I will never forget the words of a just retired Chief Judge contemplating a career in mediation “ Kenny, you mean I will just listen without telling the parties what to do? Impossible! Not me!”. I have seen…

ADR, Business, Clients, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Ethics, Lawyers, Legal Practice, Uncategorized, War Stories

(First Mediation Corporation)/ /Leave a comment

The Situation: Your adversary is attacking your case in the mediation in such a manner that good faith negotiations seem like a distant cousin to all out war. You are looking for a way to recover. You don’t want to walk out of the room, but you are running out of options and the negotiation…

ADR, Clients, Commercial Mediation, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Efficiency, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Practical Challenges for Mediators, Standards

(University of Strathclyde)/ /1 Comment

One of the privileges and perils of working as a mediator in Scotland is that we get a close-up view of developments in England and Wales. In an ideal world this should allow us (pop. 5 million) to learn from them (pop. 55 million): to pick the best innovations and avoid the failures. As I…

ADR, Arbitration, Bias, Clients, Combined Clauses, Commercial Mediation, Cross-cultural, Dispute Resolution, Evaluative Mediation, General, Hong Kong, Humorous Pieces, International Courts, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Outcomes, Mediators’ Conduct, Pre-arbitration Dispute Settlement Procedures, Public Policy, Uncategorized

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Hong Kong is the global city of designer ‘labels’ as even the most reluctant of shoppers cannot fail to observe. It is also the city of fakes – fakes with labels and fakes without labels – and the place where the ‘No Fake’ label and the ‘No Label’ label thrive! Confused? Well don’t worry, Hong…

ADR, Book Review, Business, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Legal Practice, UN and International Organizations

(CMS)/ /Leave a comment

While the world becomes ever faster-paced, litigating business disputes are unchangeably slow. The recently published World Bank’s “Doing Business 2012: Doing Business in a More Transparent World” report shows that state court procedures in most countries remain lengthy, costly and complicated. Although this is not good news for anyone, as a side effect, the flaws…

ADR, Dispute Resolution, Lawyers, Mediation Schemes (In Courts, etc.), Negotiation

(Esprit d’entente)/ /Leave a comment

What is Collaborative Law and Practice? Collaborative Law is a mode of dispute settlement, mainly used in family disputes (divorce, separation) and sometimes in civil matters (inheritance, commercial disputes), allowing the disputants to work as a team with trained professionals to resolve disputes respectfully without going to court. The Minnesota (USA) family lawyer Stu Webb…