Mediation Outcomes

ADR, Business, Commercial Mediation, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Mediation Outcomes, Mediation Practice

(University of Strathclyde)/ /1 Comment

It is not uncommon to hear lawyers speak warmly of mediation in general, but when asked if they would recommend it for a particular case respond that they could not see it working. Related to this, lawyers who have developed well-honed negotiation skills may struggle to see how a mediator could improve on their outcomes….

Clients, Confidentiality, Confidentiality and Transparency, Disclosure, Family Mediation, General, Language, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Uncategorized

(National Alternative Dispute Resolution Advisory Council)/ /Leave a comment

Mediation doesn’t require special premises. It can be conducted in any type of place. There are Native Title mediations for Indigenous Australians that can happen at least in part on the land in question, under a tree or on a hill side. Mediations in the workplace often happen in the place where the dispute originally…

Commercial Mediation, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Time Pressure, War Stories

(Weiler ADR Inc.)/ /Leave a comment

The Kluwer Mediation Blog provides an excellent opportunity for all of us to learn more about the practice of mediation around the world. I’ve had the privilege of training mediators in a number of places outside Canada including Russia, Albania, Uganda and  Lesotho and know that practice experiences vary widely from place to place. In…

Mediation Outcomes, Mediation Practice, Success in mediation, War Stories

(Diane Levin LLC)/ /3 Comments

This year brings an overlap of winter holidays from two different traditions and calendars: Hanukkah and Christmas. Each of these holidays is a story of miracles – wondrous events occurring in times of conflict. In one story, Jewish rebels defeat the Syrian king who outlawed Judaism. Taking back the great temple in Jerusalem from the…

Causes of Conflict, Commercial Mediation, Efficiency, Ethics, Mediation Outcomes, Mediators’ Conduct, Practical Challenges for Mediators, Time Pressure

(Pel Mediation)/ /Leave a comment

We live in an age when we all seem to try to get more out of our time. We try to expand time by doing things more quickly and more efficiently than we could before we had airplanes, computers, and all our other electronic devices. We have, however, also created more and more time pressure…

Evaluative Mediation, General, Humorous Pieces, Mediation Outcomes, Mediation Practice, Success in mediation

(National University of Singapore, Faculty of Law)/

I like the Christmas season. It marks a very happy time in the year for me and I’m afraid, it makes me a bit silly. In that spirit, I hope readers will forgive that I start off with an Elephant story… I recently had the need to think about the various models of mediation that…

Commercial Mediation, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Mediation Outcomes, Practical Challenges for Mediators

(Pel Mediation)/ /Leave a comment

As we all know mediation is an interest-based method to resolve conflicts. Nevertheless it is not always easy to know: • which interests drive parties into a conflict • which interests make them want to resolve conflicts and • which interests have to be met in the solution. The first question I ask in the…

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, 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…

Apologies, Clients, Commercial Mediation, Efficiency, Mediation Outcomes, Practical Challenges for Mediators, Training

(Pel Mediation)/ /1 Comment

Problems in group practices of medical group practices or commercial partnerships between lawyers, advisers, accountants, consultants are very common. My mediation practice consists for about 50% of group-mediations concerning cooperation-problems between partners in lawyer-firms, doctors-cooperations and other commercial partnerships. One of the major issues seems to be that clear communication about what is really the…