Impasse

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, Costs in Mediation, Court Procedure and Litigation, Deal Mediation, Decision making, Efficiency, Evaluative Mediation, Impasse, International Courts, International Mediation, Judges as mediators, Litigation, Practical Challenges for Mediators, Public Policy, Reform, Responsibility of States, UN and International Organizations

(Weiler ADR Inc.)/ /Leave a comment

Faithful readers will recall my posts here and here mentioning the failed mediation relating to the international effort to reach an agreement on the distribution of some $9 Billion in assets remaining from the Nortel insolvency. The Ontario Courts are now struggling with the fallout from that failed mediation. This week saw the release of…

'Money-only' Cases, Commercial Mediation, Deal Mediation, Efficiency, Impasse, Mediation Outcomes, Practical Challenges for Mediators

(Weiler ADR Inc.)/ /1 Comment

“They also serve, who only exchange offers.” A recent mediation experience serves to reinforce the value of patience in mediation – for the parties and for the mediator. The tort mediation, involving a single plaintiff and two insurers started at 10 am and concluded 8 hours and 15 minutes later. The following is the sequence of…

Commercial Mediation, Communication, conlfict coaching, Creativity, Future of mediation, General, Impasse, Improvisation, Instinct, Mediation Lawyering, Mediation Practice, Mentoring, Tactics, Understanding mediation

(Bill Marsh Mediator)/ /6 Comments

Sometimes, I look around at mediation events at a sea of grey hair (mine included!). Where, I wonder, are those to whom we are handing this torch? And more importantly, what do they think? So as the dust settled on last month’s ICC mediation competition in Paris, I took the chance to capture some of…

Commercial Mediation, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), Impasse, International Mediation, mediation as a career, mediation models, Public Policy, Uncategorized, War Stories

(Weiler ADR Inc.)/ /Leave a comment

Mediator is New Premier in Ontario Following my rant last month about the need for more mediators in public policy-making, the Liberal Party of Ontario has chosen a former mediator, Kathleen Wynne, as their new leader and, consequently, as the first woman Premier of Ontario. I had no idea this Blog had so much influence….

Commercial Mediation, Developing the Field, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Legal Issues, Mediation Schemes (In Courts, etc.), Policy, Public Policy, Sport

(Weiler ADR Inc.)/ /1 Comment

Two stories currently making headlines in Canada provide the occasion to harken back to previous posts on this blog. Mediation Backlog – Ontario No-Fault Auto Insurance Disputes  In March of this year I blogged about the consequences of under-resourcing mandatory mediation programs. The Financial Services Commission of Ontario (FSCO) had (and still has) a huge…

Conventional wisdom, Developing the Field, Ethics, Impasse, mediation as a career, Mediation Institutions and Rules, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Mentoring, Practical Challenges for Mediators, Stories, Success in mediation, Training, Uncategorized

(University of Strathclyde)/ /6 Comments

Professions (and hence professionals) are both blessed and cursed with high expectations. The upside is clear: the public expects high standards, expertise and care, and in return is prepared to pay handsomely. The downside typically involves disciplinary sanctions against those not measuring up to those standards, although issues of probity rather than competence tend to…

Commercial Mediation, Conflict, Impasse, Mediation Outcomes, Playbook, Skills, Success in mediation

(Weiler ADR Inc.)/ /3 Comments

Often when I’m mediating a difficult case; the parties, running hot, miles apart and showing no sign of movement, an inner voice whispers softly to me, “it’s just not ripe for settlement.” It’s an attractive concept because it lets me off the hook. Nothing to be done here until the case ripens. I might as…

Apology, Football, Impasse, Mediation Practice, Negotiation, Playbook, Steeler

(First Mediation Corporation)/ /Leave a comment

This story is for you if: You have made a big mistake in a negotiation and you need a way to recover; Your efforts at settlement have fallen on deaf ears; You have stepped in a negotiation minefield and you need to find a way to get back on track.   Periodically we find ourselves…

Conflict, General, Impasse, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, peace negotiations, Settlement Agreements, Success in mediation

(Bill Marsh Mediator)/ /Leave a comment

For students of South-East Asian political struggles (come on, you know you are out there!) last month marked an important landmark. The Government of the Republic of the Philippines and the Moro National Liberation Front signed an historic peace agreement intended to bring an end to 25 years of violent conflict. Of course, this is…