Conciliation, Cross-cultural, Developing the Field, Dispute Resolution, Future of mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, mediation models, Mediation Practice, peace negotiations, Practical Challenges for Mediators, UN and International Organizations

(Corporate counsel & author)/ /1 Comment

This is the second in a series of postings written by Michael Leathes, Tina Monberg and Irena Vanenkova and Nadja Alexander. The first post appeared on the Kluwer Mediation Blog on 17 August. Yesterday we put forward our view that achieving the promise of mediation in conflicts that threaten the stability of societies and economies…

Causes of Conflict, Conflict, Cross-cultural, Developing the Field, Dispute Resolution, Ethics, Europe, International Law, International Mediation, UN and International Organizations, UNCITRAL Model Law

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

This is the first of a series of four blog postings written by Nadja Alexander , Michael Leathes , Tina Monberg and Irena Vanenkova. Achieving the promise of mediation in conflicts that threaten the stability of societies and economies is one of the most important challenges of our time. Inspiring progress has been made in…

Decision making, Mediation Practice, Negotiation, Trial Value

(First Mediation Corporation)/ /Leave a comment

The Problem: You think that your client’s pain is so severe and different than the typical client that you value the case substantially higher than the other side will pay. The Solution: Understand what “category” your adversary has put your case in and either accept it or try to create a new category of value….

Communication, General, Language, Neuroscience, Skills

(National University of Singapore, Faculty of Law)/ /Leave a comment

Much has been written about the impact of body language on communication. I have in a previous entry addressed the connection between non-verbal communication and the building of rapport. While body language is the commonly used term, I prefer the term non-verbal communication for two reasons. First, the term “body language” is a metaphor that…

Commercial Mediation, Conventional wisdom, Evaluative Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice

(University of Strathclyde)/ /3 Comments

Recently I have noticed mediators using a label to describe other people’s practice. It is rarely a compliment. That label is “evaluative”; as in “she takes rather an evaluative approach” or “his background as a lawyer leads him to be evaluative.” More subtly, “We are firmly committed to the facilitative model” (and, by implication, not…

Developing the Field, Future of mediation, International Mediation, Online Dispute Resolution (ODR), Online Mediation, Technology

(Sabine Walsh Mediation)/ /3 Comments

One of the many challenging aspects of mediating cross border cases is the fact that by definition, the parties tend to be in separate countries (and often the mediators too). One way of getting over this hurdle is by using one of the many information and communication technologies there are available these days. This month,…

Developing the Field, General, Lawyers, Mediation Practice

(Mediar360 - Dispute Resolution )/ /Leave a comment

A lot has been said about how to spread the mediation culture in Brazil. Undoubtedly, it is critical to improve the awareness of mediation as a useful tool in dispute resolution, targeting potential users and clients especially. These are the people who will select and recommend mediation to solve disputes and lawyers are probably the…

Commercial Mediation, Confidentiality and Transparency, Costs in Mediation, Court Procedure and Litigation, Settlement Agreements

(Weiler ADR Inc.)/ /Leave a comment

As Ella Fitzgerald used to sing, Summertime and the livin’ is easy. Your faithful Canadian correspondent knows you are craving mediation-related reading to help you while away those lazy, crazy-hazy days of summer. Four recent Canadian judicial decisions should fill the bill. Supreme Court of Canada encourages Pierringer Agreements. In June the Supreme Court of…

Class action, Court Procedure and Litigation, Football, Mediation Users/Clients, Sport, Success in mediation

(CMS)/ /Leave a comment

Last winter, Rick Weiler and I posted comments on this blog on a mediation success story when the NHL Lockout dispute was successfully resolved. Reporting on the commencement of that mediation, Rick wrote: “one thing for sure, given hockey’s near sacred status in Canada, all eyes will be on this mediation. It may provide a…