It has been nearly a year since the Federal Code of Civil Procedure (“CCP”) has entered into force in Switzerland (text available, in French, at: http://www.admin.ch/ch/f/rs/c272.html). The purpose of this post is to briefly describe how mediation is now legally embodied at the judicial level and whether this contributes to the development of mediation in…
It’s been a tough week. In fact, it has been a tough month. And, on reading Geoff Sharp’s post from 30th November, I am amused and reassured to see that I am not alone in thinking this! Maybe it’s the time of year, maybe it’s the weather over here in the soggy Northwest of Ireland,…
I am writing this from outside my home country, on a two-week assignment. It’s not a “mediation” as we might typically know it – not yet, anyway – but rather an early stage engagement with a long-standing and profoundly deep-rooted conflict. My job at this stage is simply to listen to how some of those…
One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my international law firm – which has attempted to gather data on mediations in which we have participated for nearly 15…
Yep, it’s been an up-and-down month. More down than up if I’m honest. But hey! I’ve done enough of these things to know that my old Dad was right all those years ago when we’d stand at the top of a black run and he’d say “Laddie, if you’re not falling down, you aren’t skiing…
How good are the decisions you make? Are they free from error? From unconscious bias? Are they consistently the product of careful reasoning? Before you answer yes, consider the following questions: 1. A bat and a ball cost $1.10 in total. The bat costs $1.00 more than the ball. How much does the ball cost?…
The evolution of society, its population growth and the consequent increasing complexity as to relationships made it necessary that the natural right to justice become a right guaranteed by the State. That came about due to the fact man used to make justice himself using physical violence and imposing his own interests. Access to Justice…
Years ago, I participated in a Richard Salem led mediation skills acquisition training for retired Judges and I will never forget the words of a just retired Chief Judge contemplating a career in mediation “ Kenny, you mean I will just listen without telling the parties what to do? Impossible! Not me!”. I have seen…
You have a choice to make. In front of you stand two doors. If you go through the door on the right you will receive $20. If you choose the left door you will have a one in five chance of receiving $100. Which door do you choose? It is now well accepted that the…
Some times I meet friends or acquaintances whom I had not seen in a long while and when we reach the question What have you been doing lately? I also tell them about mediation. Since they aren’t familiar with this concept, each time, their reactions are very expressive. Mediation for what issue? or Mediation as…
