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Commercial Mediation, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), Impasse, International Mediation, mediation as a career, mediation models, Public Policy, Uncategorized, War Stories

(Weiler ADR Inc.)/ /Leave a comment

Mediator is New Premier in Ontario Following my rant last month about the need for more mediators in public policy-making, the Liberal Party of Ontario has chosen a former mediator, Kathleen Wynne, as their new leader and, consequently, as the first woman Premier of Ontario. I had no idea this Blog had so much influence….

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(First Mediation Corporation)/ /Leave a comment

In a complex business dispute involving substantial and potentially unlimited exposure, a sophisticated defendant was not willing to pay the amount it determined it would actually take to settle, so they became primarily concerned about how to ‘cap’ their exposure on the case. Based on an excellent working relationship that developed between general counsel for…

Communication, Conventional wisdom, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation traditions, Skills, Training, Uncategorized, Understanding mediation

(University of Strathclyde)/ /Leave a comment

Interesting ripples on the interweb about mediator ‘styles’ – (see the LinkedIn group ‘ADR, Conflict Resolution and Mediation Exchange’). One discussion thread was prompted by a nice ‘Emperor’s New Clothes’ question: can a mediator have any style or does the style vary from situation to situation? The discussion has ranged from styles to models, with…

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(Esprit d’entente)/ /Leave a comment

The 8th ICC International Commercial Mediation Competition begins tomorrow at the International Chamber of Commerce, in Paris. During the Competition, university students will face complex, international business problems, which they attempt to resolve by mediation conducted under the ICC Amicable Dispute Resolution (ADR) Rules. By participating in the Competition, students will get the unique opportunity…

Below the line, Causes of Conflict, Clients, Commercial Mediation, Conflict, Efficiency, General, Mediation Practice, Mediation Users/Clients, Mistakes, Uncategorized, Understanding mediation

(Bill Marsh Mediator)/ /Leave a comment

Many of you will have read of the tragedy this week in Arizona, where a mediation ended in the death of one party, and the serious wounding of their lawyer. Details are still sketchy, but it seems that a mediation of a commercial dispute was taking place in an office in downtown Phoenix, between a…

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…

Apologies, Apology, Clients, Conflict, Improvisation, Instinct, Intuition, mediation models, Mediation Practice, Scotland, Skills, Stories, Uncategorized

(University of Strathclyde)/ /Leave a comment

In the last year I have had the privilege of joining a group of mediators for their monthly CPD (continuing professional development). We are all loosely in the commercial sector, which can include workplace, family business and public sector disputes. This being Scotland (see previous posts on judicial resistance to mediation) no-one is making their…

Book Review, EU Mediation Directive, Europe, European Law, Uncategorized

(CMS)/ /Leave a comment

Mediation in Europe has evolved, including developing into a mature subject of comparative legal studies. Just in October and November of this year, three voluminous books on mediation law and practice in the EU were published. Each counting over five hundred pages, they give an interesting insight into the current status of mediation in EU…