mediation process

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…

Appointment of Mediators, Clients, Commercial Mediation, Corporate Counsel's View, Evaluative Mediation, General, lawyers in mediation, Legal Issues, Mediation as a business, mediation as a career, Mediation Practice, mediation process, Mediation Users/Clients, Success in mediation, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

Like all businesses, mediation ultimately depends upon (and needs to reflect) what the users want from it. That doesn’t of course mean that theirs in the only relevant perspective – mediators also have views on what the process can and should offer. But at the very least it’s a vital part of the equation (I…

Appointment of Mediators, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, mediation as a career, Mediation Practice, mediation process, Success in mediation

(Sabine Walsh Mediation)/ /7 Comments

Every year hundreds, if not thousands, of seats are sold on mediation training courses in Ireland and the UK alone. Most of these courses end with motivated, excited and passionate new mediators going out into the world looking to do their bit to change how conflict is dealt with. What they have usually not been…

Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, mediation process, Mediation Users/Clients, Skills, Tactics, Tips, Uncategorized

(University of Strathclyde)/ /2 Comments

This post riffs on Elvis Costello’s “What’s So Funny Bout Peace, Love and Understanding?” to probe the usefulness of the words “trust” and “respect” in mediation. Invitation Mediators the world over are taught to invite their clients to speak. We’re not there to tell people what to do; rather to ask them what they want…

Efficiency, mediation process, Quality

(ADR Center Romania)/ /Leave a comment

Question How long it takes before your average mediation is concluded? You may have experience with the mediation process as a mediator, party, advisor, or referral. Or not, and you may simply wonder how much time is needed for a mediation process to be concluded. Theory and practice It’s interesting if we think about the…

Art, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Uncategorized

(Core Solutions Group)/ /Leave a comment

It was fifty years ago at the end of May that the Beatles launched the album (or LP as it was then called) “Sergeant Pepper’s Lonely Hearts Club Band” on the world – and the world was changed forever. 1967 was quite a year. It was the “Summer of Love”. Revolution was in the air…

Australia, Developing the Field, Ethics, Future of mediation, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Neutrality, Uncategorized, Understanding mediation, Workplace Mediation

(University of Strathclyde)/ /4 Comments

Have you ever wondered who mediators are helping? The parties, obviously! Well, not so obvious to our critics. In this blog I consider worries about mediation’s approach to manifest injustice before making the case for understanding the mediator as co-creator, with the parties, of outcomes. I argue that co-creation enhances the prospects for justice. Stories…

Brexit, Mediation Practice, mediation process, Mediators’ Conduct, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /3 Comments

I am at my desk, an hour after the conclusion of a really fascinating event here in Edinburgh, in which my colleague, Charlie Woods, and I acted as mediators in a simulation of a mediated process involving 10 delegations representing different interests in the current Brexit negotiations. With over 50 participants, allocated randomly to one…