Mediation Lawyering

Commercial Mediation, lawyers in mediation, Litigation, Mediation Lawyering, Mediation Practice, mediation process

(Brick Court Chambers / Clifton Chambers)/ /9 Comments

As mediators, we spend much of our time contrasting mediation with, and distancing ourselves from, litigation. Before your eyes glaze over, that is not for this post. Instead, this post draws out one of the many similarities between mediation and litigation, especially when mediating a litigated case. Mediation has, some would say unfortunately, become a more…

caucus, Commercial Mediation, Developing the Field, Experts, General, Joint Sessions, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation process, Mediation Users/Clients, Reflective practise, Scotland, Stages of mediation, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /Leave a comment

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much the clients and others appreciate a creative approach to the…

Developing the Field, Dispute Resolution, Future of mediation, ICC Mediation Competition, Legal Practice, Mediation Lawyering, Training, Young Mediators

(Sabine Walsh Mediation)/ /Leave a comment

While I am watching hailstones the size of peas fall in the West of Ireland, a good number of my colleagues are celebrating the culmination of the ICC’s Mediation Competition in Paris, where in excess of 60 teams of mediators and negotiators compete to resolve disputes through mediation. The relevance of this to today’s blog…

ADR, ADR Clauses, Appointment of Mediators, Availability of Mediators, caucus, Clients, Commercial Mediation, Corporate Counsel's View, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Evaluative Mediation, Future of mediation, General, Global Pound Conference Series 2016-17, International commercial mediation, International Mediation, Joint Sessions, Lawyers, Legal Issues, Mediation Contract Clause, Mediation Lawyering, mediation process, Mediation Users/Clients, Promoting Mediation, Quality, Stages of mediation, Stories, Tips, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

This is the second in a short series of blogs interviewing regular users of mediation about what they really want from mediators and from mediation. We kicked off last month with Rebecca Clark. This month, I have the pleasure of interviewing Michael McIlwrath, who has been the head of litigation for GE Oil & Gas…

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

(Core Solutions Group)/ /Leave a comment

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

ADR, Appointment of Mediators, Brazil, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, harmonisation of mediation law, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Uncategorized

(Mediar360 - Dispute Resolution )/ /4 Comments

As I have proudly published in several articles last year, Brazil has come a long way until it finally managed get its first Mediation Law into force. Find below a brief historic to remember this path: • 2004 – Start of the Judiciary Reform • 2010 – Ordinance No. 125 creates the National Judiciary Policy…

Bias, Communication, Conflict, Creativity, Decision making, Dialogue, Dispute Resolution, Economics, Ethics, Instinct, Language, Lawyers, Legal Practice, Mediation Lawyering, Neuroscience, Skills

(Core Solutions Group)/ /6 Comments

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten. Problem-Solving and Risk Analysis is more than learning about the law or what a court might do. Most issues which clients bring to lawyers are resolved…

Co-mediation, Cross-cultural, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), lawyers in mediation, Mediation Lawyering, Mediation Practice, Negotiation, Promoting Mediation, Scotland, Training, Uncategorized

(University of Strathclyde)/
Students demonstrating cooperation

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together; with negative linkage, if the other sinks, you swim, and if the other swims, you sink.”[1]Cooperation and Competition. In M. Deutsch, P. T. Coleman, & E….

ADR, Commercial Mediation, Conciliation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Lawyers, Legal Practice, Litigation, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Singapore

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

The year 2016 has so far been a significant one for Singapore in the area of ADR. The opening of the Singapore Legal Year saw the Chief Justice of Singapore, Mr. Sundaresh Menon introducing various ADR-related initiatives in family justice cases and medical malpractice matters. This has been explored in a previous blog entry here….

Argentina, Argument, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Dispute Resolution, Lawyers, Mediation Lawyering, South America, Success in mediation, Uncategorized

(EGCP S.A.)/ /Leave a comment
Young Mediators Initiative (YMI)

In Buenos Aires, the city where I currently practice mediation, mediation is mandatory before suing the other party. Thanks to this system, I was able to start mediating my first cases right after I was certified. After a few cases, however, I began to realize just how overwhelming it can be when parties’ advocates are…