Success in mediation

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…

Appointment of Mediators, Below the line, Bias, Clients, Future of mediation, General, Instinct, Intuition, Lawyers and Psychologists, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Philosophy, Quality, Standards, Success in mediation

(Bill Marsh Mediator)/ /Leave a comment

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a settlement? Occasionally, no offers even made? And as you do so, perhaps you find that your thoughts veer from:…

Developing the Field, Efficiency, lawyers in mediation, Success in mediation, Trust

(ADR Center Romania)/ /Leave a comment

This post should be about trust and credibility, moreover when it comes for reasons to choose mediation. We recently received a request for mediation from a family that encountered difficulties in engaging with their new neighbours that bought the house next door. That city centre area is packed with houses close together that are left…

Brexit, Clients, Developing the Field, Family Mediation, Future of mediation, Mediation Practice, Mediation Users/Clients, Neuroscience, Skills, Success in mediation

(Sabine Walsh Mediation)/ /4 Comments

Rather than use Brexit and the US elections as introductory examples of dramatic change, I’m going to use yesterday’s seismic event in Chicago instead. Yesterday, the Irish rugby team beat New Zealand’s All Blacks for the first time ever (111 years). If that hasn’t changed the landscape of rugby, I don’t know what will. Anyway,…

Bias, Business, Clients, Cognitive Bias, Commercial Mediation, Communication, Deal Mediation, Decision making, Developing the Field, Dispute Resolution, Efficiency, Fear, General, Growth of the Field (Challenges, New Sectors, etc.), Improvisation, Interests, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Neuroscience, Practical Challenges for Mediators, Scotland, Skills, Sport, Stories, Success in mediation, Trust, Understanding mediation

(Core Solutions Group)/ /Leave a comment

The Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected on the learning from Rio. We watched a video replay of the men’s taekwondo -80kg final in which Team GB’s Lutalo Muhammad lost to his Ivory…

Business, Clients, Developing the Field, Efficiency, Global Pound Conference Series 2016-17, Success in mediation

(ADR Center Romania)/ /2 Comments

I practice, teach and preach mediation for the past fifteen years and whenever I would introduce myself as a mediator the vast majority of people would still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he…

ADR, cross-border mediation, Dispute Resolution, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, Future of mediation, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, New York Convention, Online Mediation, Public Policy, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Training, UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation, user perspectives

(International Mediation Institute)/ /Leave a comment

The next session of the UNCITRAL Working Group II that will continue to consider whether there should be a convention to enforce commercial cross-border mediation settlements will be in Vienna, Austria the week of September 19, 2016. On September 21, there will be a free evening program when 2 panels will answer questions relating to…

Clients, mediation as a career, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Mistakes, Practical Challenges for Mediators, Success in mediation

(Sabine Walsh Mediation)/ /1 Comment

Another teaching year has ended and the last session’s review and goal setting for the future has thrown up the same questions it does every year, or indeed as does the end of every mediation training course. Many of these start with what if? What if I…do something wrong…make a mess of it…go blank…say the…