In February 2014, the Litigation and Arbitration Practice of international law firm Hogan Lovells announced the findings of a survey they conducted among 146 senior lawyers and executives from among the world’s largest companies in 18 industries to assess how cross border disputes have affected the legal landscape. The survey’s findings reveal some interesting perspectives,…
The arc of a litigated case has many narratives, particularly when it comes to settlement opportunities. While some cases fall into standard, often repeated formulas, others cannot be scripted. Yet, there are moments in the cycle of a case where some litigators simply react to events as they unfold rather than actively creating the settlement…
The recent publication of a study conducted for the European Parliament on Mediation, “Rebooting the Mediation Directive,” has contributed to the ongoing debate about effective mediation policy. I am the coordinator of that Study, whose results were based on 816 questionnaires completed by respondents from the 28 member states of the EU. The Study determined…
Lots of talk about ADR competitions on this blog, so I’ll throw my hat in the ring. Last month I took a team of students to the INADR International Law Student Mediation Tournament in Chicago (http://www.inadr.org/tournaments/law-school-tournament). This was the 13th competition and it was truly international, with 52 teams representing 17 US institutions and 22…
On the day when the finals of the world’s largest ADR student competition starts, I could not think of any better topic for my blog posting. I have been teaching and coaching students for the last eleven years, and it has become an important part of my life and a highly rewarding experience. Consequently, I…
Have you ever wondered why the construction industry is still saddled with its culture of adversity, contractual conflict and a “who’s to blame” attitude? Or what causes job disputes to quickly escalate into full-blown claims despite the well intentioned calming efforts of the site managers? The seeds of construction disputes are planted during the formation…
This story is for you if: one of the parties to your multi-party case is irrational and an obstacle to settlement; the irrational party is making the case fall apart; walking away could result in a much worse deal for your client. There are several strategies you can deploy to deal with the difficult and…
Mediation of wage and hour matters, particularly class action cases, has developed dramatically over the past 10-12 both on a process and legal basis. New cases seem to come out weekly dealing with class certification, and companies have had to adjust their workforce management to make sure they comply with the highly technical laws that…
I have written before in this blog about Scotland’s slow pace of change (http://kluwermediationblog.com/2012/05/12/mediation-in-scotland-some-practical-questions-and-a-nudge-in-the-right-direction/). A naturally cautious nation, our ‘old world’ response to new ideas has generally been ‘what’s wrong with the old ones?’ I was comforted by Constantin-Adi Gavrila’s recent post on this blog which underlined that Scotland is not the only European nation…
This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. Presenting recently the results of the study on ‘Rebooting’ the Mediation Directive, Giuseppe de Palo talked about the “European Union mediation paradox” – the existence of a “highly acclaimed, efficient, effective process that very few people use”, in his own words – and the need…
