Enforcement

ADR Agreements, Confidentiality, Enforcement, Med-Arb Clauses, Mediation Agreement, Mediation Outcomes, Set Aside a Mediated Agreement, Settlement Agreements, UNCITRAL Model Law

(Weiler ADR Inc.)/ /Leave a comment

Earlier this month the Supreme Court of Canada issued its unanimous decision in Union Carbide Canada Inc. v. Bombardier Inc., 2014 SCC 35. The reasons of Mr. Justice Wagner deal with an unfortunate situation in which Bombardier, which had been suing Union Carbide for more than a decade seeking CAN$30 million  related to allegedly defective…

Arbitration, Confidentiality, Court Procedure and Litigation, Enforcement, Med-Arb Clauses, Settlement Agreements

(Weiler ADR Inc.)/ /3 Comments

The recent Ontario Superior Court decision of Healy J. in Southlake Regional Health Centre v. Beswick Group Properties touches on a number of issues arising from settlement at mediation. Briefly, this was a landlord and tenant dispute relating to a Medical Arts Building and other development lands. The full factual background can be read by…

Confidentiality, Deal Mediation, Disclosure, Enforcement, Ethics, Mediation Agreement, Mediators’ Conduct, Uncategorized, War Stories

(Weiler ADR Inc.)/ /4 Comments

Its interesting to me that when you Google “lying” and “mediation” you are redirected to “lying” (as in lying down) and “meditation”. Recently my attention was drawn back to the old issue of deception in mediation. It’s an issue that mediators, lawyers and parties engaged in mediation or negotiation do well to reflect on from…

Arbitration, Business, Developing the Field, Dispute Resolution, Due Process, Enforcement

/ /Leave a comment

On 25th and 26th June, the ICC and FIDIC (International Federation of Consulting Engineers: http://fidic.org/) hosted their annual conference in Paris. While most of the discussion was, understandably, concerned with either arbitration or adjudication – the latter involving primarily Disputes Boards (http://www.dbfederation.org/) acting under FIDIC contracts – mediation made an appearance at a number of…

Commercial Mediation, Court Procedure and Litigation, Deal Mediation, Enforcement, Evaluative Mediation, Judges as mediators, Jurisdiction, Mediation Reforms (Legislation, etc.), Practical Challenges for Mediators, Uncategorized, War Stories

(Weiler ADR Inc.)/ /Leave a comment

In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last month to one that didn’t proceed quite so smoothly. Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because…

ADR Clauses, Combined Clauses, Commercial Mediation, Developing the Field, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Legal Issues, Negotiation

(National University of Singapore, Faculty of Law)/ /1 Comment

I would like to focus this blog entry on a recent development of Singapore relating to agreements to agree/negotiate in good faith and some of the practical consequences that can arise from this case. In the English common law, the traditional position has been that an agreement to agree or an agreement to negotiate was…

ADR, Arbitration, Confidentiality, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, EU Mediation Directive, Europe, Governments/Public Sector, harmonisation of mediation law, International Mediation, Legal Issues, Legislation, Mediation Contract Clause, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Regulation, Responsibility of States, Surveys, Uncategorized

(Pel Mediation)/ /Leave a comment

Promotion and legislation on mediation in The Netherlands Machteld Pel, Pelmediation I would like to present an update about the promotion and legislation on mediation in the Netherlands and the possible influence of promotion and regulation on the use of mediation. Since the end of the nineties, the promotion of ADR has been an active…

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…