Mediation and ADR classes are becoming more established at universities around the world. Sometimes these are compulsory, sometimes elective, and they are mainly taking place at law schools. They also sometimes have some connection to the mediation competitions that are held (see Rosemary Howell’s latest blog). They are usually very popular among students. As I…
Life as a ‘pracademic’ is a wonderful experience. I have the pleasure of teaching intensive programs in ADR at postgraduate and undergraduate level and in between I work in my own practice as a mediator, facilitator and coach. A great life! My teaching life includes the privilege of training my university’s team for the ICC…
There aren’t many models of effective mediation legal frameworks that ensure sustainable systems of mediation. In fact, in most countries, the mediators don’t have demand and a real market for services. They are trying to convince users, lawyers, judges, policy makers, others and sometimes themselves that mediation is a viable option of the dispute resolution…
John Sturrock’s May 1st thought-provoking blog post on mediator “fairness” styled itself a “provocation” and invited comment and response. Here’s mine. John, thank you for your thought-provoking blog post. My perspective is that of a Canadian commercial mediator with nearly 30 years experience and about 4,000 cases mediated, virtually all involving represented individual claimants and represented…
With the rise of the mega case – often funded class actions – a unique challenge for mediation is emerging. It is just as Danny McFadden says in his recent post on China’s modern day silk road initiative Big Projects, Big Disputes – Bring in the Mediators; “mediation is a proven dispute resolution tool for…
We finished module 2 of our flagship training course last week. One of our participants emailed me the next day: “I was driving up the road yesterday and mulling over one aspect of the mediation exercise we did. I get that we are facilitating adults to make fully informed autonomous decisions and that they need…
My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track back over a number of entries in which matters of process are discussed, it seems typically assumed that counsel are…
Often in the field of mediation we hear complaints about there being too many mediators, too much training and not enough mediation. While I can understand the frustration about the size of the mediation market, I see great benefits in mediation training for people whose aim is not to become mediators and make a living…
In Australia we have long experience of compulsory mediation prior to litigation in cases where a presumed power imbalance exists – such as retail tenancy and farm debt disputes. However, compulsory mediation by order of a court has been a controversial topic, particularly amongst judges, most of whom do not have actual mediation experience and…
While working on the manuscript for a book published last year (Negotiation: Things Corporate Counsel need to know but were not taught – Wolters Kluwer, 2017), I submitted a draft to an eclectic peer group from all around the world to gauge whether I was on the right track. The group comprised corporate counsel, business…
