“Thank God for the last minute; otherwise nothing would ever happen.” This old saying rolls through my mind as I sit to type this on my iPad in the departures lounge at Toronto’s Billy Bishop Airport located on the island just opposite the heart of this great city. My blog post is due at midnight…
The first mediation course is a special moment that each of us holds in our hearts and it represents the foundation of every mediator. The transformational process that we all go through during our training as mediators is materialized by the change in our attitude towards conflict and how to solve them. When we go…
Femi, a guru at brokering transactions recently got caught with the mediation bug and decided it was a path he would like to thread in his professional sojourn. Immediately he picked up some books and read up material on mediation after which he boasted to me that given his transactional experience and acumen, mediation would…
The Problem with Conventional Wisdom in Negotiation Conventional wisdom in negotiation provides specific responses to stimuli that are categorized as competitive or cooperative behavior. Depending on the identity of the behavior, the negotiator is taught to distribute a set value through a series of moves and concessions, or create value through ideas and transformative behavior….
I was fortunate to have been in Belfast, Northern Ireland for the International Negotiation Competition for Law Students hosted by Queen’s University. This is a competition that is run every year where students from law schools all over the world meet to negotiate simulations where they represent clients in deal-making or dispute-resolving contexts. As part…
Professions (and hence professionals) are both blessed and cursed with high expectations. The upside is clear: the public expects high standards, expertise and care, and in return is prepared to pay handsomely. The downside typically involves disciplinary sanctions against those not measuring up to those standards, although issues of probity rather than competence tend to…
Finally, after a long parliamentary struggle, the German Mediation Act (Gesetz zur Förderung der Mediation und anderer Verfahren der außergerichtlichen Konfliktbeilegung) was signed into law by the President of the Federal Republic (Bundespräsident) on July 21, 2012. Four days later it was published in the Federal Gazette (Bundesgesetzblatt) BGBl. I, 2012, S. 1577, and came…
What is the possible role of the lawyer in a commercial mediation? How the lawyer should interact with his client in the mediation process? Here are some thoughts for using the lawyer as a positive element in the mediation involving a commercial dispute. Before mediation The lawyer should, as far as possible, facilitate transactional solutions…
This time of year in Ireland (August) is referred to by many as “the silly season”. Courts, legal offices and many other public services close for holidays, children get bored having been on holidays for 6 weeks already, people flock to last minute sun holiday destinations as they realise that, yet again, it is going…
According to the latest development in the mediation legislation in Romania approved by the Romanian Parliament and published in the Romanian Official Journal in July 2012 under Law no. 115, in litigations that can form, pursuant to the law, the object of mediation or of another alternative form of conflicts settlement, parties and/or the concerned…
