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…

Growth of the Field (Challenges, New Sectors, etc.), Improvisation, Stages of mediation, Success in mediation, Tactics

/ /2 Comments

This note is a response to, and affirmation of the idea behind Bill Marsh’s provocative notion that the best mediators and negotiators smoke. Of course, in these non-smoking times, we couldn’t possibly agree with the apparent endorsement of smoking and yet the underlying idea Bill conveys is an important one – about the structure of…

ADR, Developing the Field, Dispute Resolution, General, Mentoring, Training, Transformation

(National University of Singapore, Faculty of Law)/ /1 Comment

Last year, I wrote about the Peacemakers’ Initiative and talked a little about its intent, objectives and effect. This year, I want to provide readers, by way of update, a development that is both touching and an indication that things are on the right track. To set the context, the Peacemakers’ Conference is an initiative…

Commercial Mediation, Due Process, General, Instinct, mediation models, Mediation Practice, Mediators’ Conduct, Negotiation, Stages of mediation

(Bill Marsh Mediator)/ /3 Comments

Here is a confession. I have a theory (in the best traditions of Monty Python). It is totally untested. I am pretty certain that it would not survive rigorous, double-blind trials. It may, however, contain some seeds of insight. My theory – wait for it – is that mediations where one or more of the…