Uncategorized

Costs in Mediation, Mediation Lawyering, Mediation Schemes (In Courts, etc.), Regulation, Uncategorized

(Weiler ADR Inc.)/ /Leave a comment

The recent cost decision of Justice Graeme Mew in Canfield v. Brockville Ontario Speedway, 2018 ONSC 3288 (CanLII) provides an instructive review of the principles the Court will consider when weighing the cost consequences to an unsuccessful party of unreasonably refusing to participate in a mediation. The case involved whether an automobile race track was…

International Mediation, Mediation and Society, mediation as a career, Mediation Outcomes, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Scotland, Uncategorized

(Core Solutions Group)/ /2 Comments

I write this in the aftermath of the really uplifting and wonderfully diverse conference which I had the privilege to host and chair recently in my home city, under the auspices of the International Academy of Mediators. Nearly 120 mediators from over 20 countries attended and shared deep discussions about how we as mediators can…

ADR, Arbitration, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, Future of mediation, harmonisation of mediation law, International Mediation, mediated settlement agreement, New York Convention, Promoting Mediation, UN and International Organizations, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /Leave a comment

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements…

ADR, memory, Memory and Illusions, Perception, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

During a trip to Vienna some time ago, I attended the “ICC Commission on Arbitration and ADR Meeting” where I had the opportunity to hear Toby Landau QC, a brilliant barrister and arbitrator from London, speaking about “Unreliable Recollections, False Memories and Witness Testimony”. He explained that memories are changeable and that experiences from past…

Clients, Conflict, Developing the Field, mediation models, Mediation Practice, mediation process, Research, Uncategorized, Understanding mediation

(University of Strathclyde) and (Mediation Hertfordshire)/ /Leave a comment

Try this thought experiment: imagine a mediator without empathy. How and what would they do? Would there be drawbacks? Benefits? The response to these questions probably depends on our own experience of empathy. This simple yet often misunderstood term masks a complex and fascinating set of ideas about human connection. Because we believe empathy is…

Brazil, Legislation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

The debate regarding the urgency of modernizing Brazilian labour laws has been going for quite a while, probably dating back to early 80s. Over the last four decades, hundreds of professions have disappeared, thousands have been created and our legislation has remained almost untouched. As some of you may recall, not long ago, I posted…

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…

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…

ADR, Apology, Argument, Conflict, Decision making, Disclosure, Memory and Illusions, Stories, Trust, Uncategorized

(FORARB/Charles University)/ /Leave a comment

Shortly after the neighbourhood mediation started, one of the parties turned to me her eyes flashed with anger: “Everything that he is telling is false, do not listen to him…” The other party got het up: “Indeed, Mr. mediator, everything I have ever said was a lie…Do not listen to me…” Without even knowing this,…

ADR, Arbitration, Europe, European Law, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Institutions and Rules, Mediation Users/Clients, Reform, Regulation, Uncategorized

(CMS)/ /Leave a comment

The European Commission has recently published a consultation document on the ‘Prevention and amicable resolution of disputes between investors and public authorities within the single market’. Industry associations, practitioners (e.g. lawyers, arbitrators, and mediators), civil society organizations, as well other citizens and organizations are invited to submit their contributions through an online questionnaire by November…