Mediation Agreement

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…

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…

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,…

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

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

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…

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…

ADR, Appointment of Mediators, Commercial Mediation, Cross-cultural, Developing the Field, Dispute Resolution, Governments/Public Sector, Mediation Agreement, Mediation Outcomes, Scotland, Settlement Agreements, Stories, Success in mediation, Uncategorized

(University of Strathclyde)/ /3 Comments

Edinburgh is one of the world’s top tourist attractions. To quote its own website “Edinburgh is an multi-award-winning, world-class tourist destination. A must-see cultural capital. From stunning skylines to sandy beaches, festivals to fireworks – the city has something for everyone, day and night.” So, it can hardly have been good for business when, during…

ADR, Arbitration, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Enforcement of a Mediation Clause, Ethics, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Agreement, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /5 Comments

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…

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

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

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…

Confidentiality, Efficiency, Mediation Agreement, Mediation Practice, Tactics

(ADR Center Romania)/ /Leave a comment

One of the advantages of using mediation to achieve negotiated solutions is Parties’ possibility to separately communicate with the mediator within what it is called separate sessions or caucus. The differences of perception, the emotions and feelings determined by the ego, the stubbornness or the personality of Parties involved in a conflict are examples of…

ADR Agreements, Conciliation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Experts, Lawyers, Legal Practice, Legislation, Mediation Agreement, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation

(Esprit d’entente)/

This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the modes providing for amicable resolution of disputes. The Decree No. 2012-66 (the Decree) mainly enacts rules dealing with certain aspects of mediation in…