Success in mediation

ADR Agreements, Causes of Conflict, Developing the Field, Employment, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Success in mediation, Transformation, Uncategorized

(University of Strathclyde)/ /Leave a comment

A human resources manager recently asked me for a general list of reasons why a mediation might not settle. While part of me wanted to question the idea of settlement as the goal of mediation (see Alan Gross’s excellent piece ‘Agreement Not the Gold Standard for Mediation – http://www.mediate.com/articles/GrossA3.cfm ) most of me thought this…

'Money-only' Cases, Commercial Mediation, Court Procedure and Litigation, Evaluative Mediation, Mediation Outcomes, Settlement Agreements, Success in mediation

(Weiler ADR Inc.)/ /Leave a comment

A recently reported decision of the Ontario Superior Court highlights the efficacy of the mediation process in resolving complex disputes particularly in circumstances where uncertainty of outcome reigns supreme.  In Johnston v. The Shelia Morrison Schools, 2013 ONSC 1528 Justice Perell was asked to approve a settlement in an Action which had been certified under…

Commercial Mediation, Conventional wisdom, Creativity, Developing the Field, Efficiency, Future of mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Negotiation, Public Policy, Settlement Agreements, Success in mediation, Understanding mediation

(Weiler ADR Inc.)/ /Leave a comment

A potpourri of mediation-related reflections as the holiday break fades from memory. Hockey Mediation – With last Saturday’s puck drops in 13 cities the National Hockey League has commenced its lockout-shortened season. Full arenas around the league confirm the strength of the game’s drawing power if not the forgive-and-forget sentiments of long-suffering fans. Readers of this…

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…

Growth of the Field (Challenges, New Sectors, etc.), Particular Sectors (e.g. Construction, Banking, etc.), Sport, Stories, Success in mediation

(CMS)/ /Leave a comment

It is not often that one has the satisfaction of witnessing mediation attracting so much public attention as has been the case lately in Canada and the US. All this thanks to Mediator, Scot Beckenbaugh, credited for his ‘extraordinary contribution’ to resolve the NHL Lockout dispute. Some observers have already nominated Mr. Beckenbaugh for the…

ADR, Below the line, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Creativity, Decision making, Dispute Resolution, Due Process, Efficiency, Ethics, insider and outsider mediators, Instinct, Lawyers, Mediation Practice, mediation traditions, Mediation Users/Clients, Mentoring, Mistakes, Neuroscience, Planning, Skills, Standards, Stories, Success in mediation, Survivor

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

Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…

Co-mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Europe, Family Mediation, International Law, International Mediation, mediation models, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

As much as we might like mediation’s fluid and often intangible nature, every now and then it can be of benefit to come across some research which enables us to take a step back and look at the impact our work is having on our clients, even long after the execution of the Memorandum of…

'Money-only' Cases, ADR, Commercial Mediation, Creativity, Deal Mediation, Future of mediation, Governments/Public Sector, Litigation, Mediation Practice, Success in mediation

(Weiler ADR Inc.)/ /3 Comments

I’ve been working in this field for more than 20 years and one thing that I’ve observed with genuine curiosity over that time is the sniping from various quarters that what I (and others with practices similar to mine) do each day falls short of “The Promise of Mediation”. As readers of this Blog will…

Conventional wisdom, Developing the Field, Ethics, Impasse, mediation as a career, Mediation Institutions and Rules, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Mentoring, Practical Challenges for Mediators, Stories, Success in mediation, Training, Uncategorized

(University of Strathclyde)/ /6 Comments

Professions (and hence professionals) are both blessed and cursed with high expectations. The upside is clear: the public expects high standards, expertise and care, and in return is prepared to pay handsomely. The downside typically involves disciplinary sanctions against those not measuring up to those standards, although issues of probity rather than competence tend to…

Commercial Mediation, Conflict, Impasse, Mediation Outcomes, Playbook, Skills, Success in mediation

(Weiler ADR Inc.)/ /3 Comments

Often when I’m mediating a difficult case; the parties, running hot, miles apart and showing no sign of movement, an inner voice whispers softly to me, “it’s just not ripe for settlement.” It’s an attractive concept because it lets me off the hook. Nothing to be done here until the case ripens. I might as…