I. Introduction The mediation of insurance and risk transfer disputes involves interpretation of contracts and insurance policies, challenging legal issues, and the interests of multiple stakeholders. Such mediations are not just a matter of exchanging numbers. For parties, how do you advocate your position while, at the same time, exploring settlement? For a mediator, how…
Never one to turn down the opportunity to try out new technological developments, I was interested to come across software designed to assist in formulating parenting plans earlier this year. This may sound rather “out there” to many mediators, so bear with me while I try to set out how it works and how I…
In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…
In their article, “The Collaboration Imperative” [Harvard Business Review, April 2014, p. 77], authors Nidumolu, Ellison, Whalen and Billman note that “business collaboration is the great oxymoron of corporate sustainability. Countless efforts by companies to work together to tackle the most complex challenges facing our world today – including climate change, resource depletion, and ecosystem…
I believe that by now you all had enough of my comments on the 2014 FIFA World Cup. So let’s move on to other aspects of life. Last month, IBA’s Mediation Committee organized a regional meeting in Brazil in order to discuss the latest trends in Commercial Mediation. The event was supported by Veirano Law…
Co-authored by Deborah Masucci and Michael Leathes, International Mediation Institute Among the early words of wisdom expressed by Sherlock Holmes in the first of Sir Arthur Conan Doyle’s 56 novels, A Scandal in Bohemia in 1891, was this classic line: I never guess. It is a capital mistake to theorize before one has data. Insensibly…
The high profile mediation story in Canada in recent weeks has been the efforts of west coast mediator Vince Ready to get a deal between the striking B.C. Teachers’ Federation (BCTF) and the government of British Columbia. The strike had already cost students 4 weeks of school and with the parties deeply dug in there…
Friends On this referendum day in Scotland, I am writing this piece without knowing the outcome. By the time most of you read this, our future will be clearer. And by then, whatever the outcome, the work of restoration, healing and moving forward together will have commenced. Some years ago I worked as a mediator…
Five days from now Scotland may be on its way to becoming the world’s newest country. Or it may not. Just over four million of us will vote on September 18th to determine future political arrangements on the British Isles (affecting some sixty million others). Depending on your point of view, you might say with…
I would like to spend this month’s entry reporting on the recent developments in the Singapore Court of Appeal. The case of Surindar Singh s/o Jaswant Singh v Sita Jaswant Kaur [2014] SGCA 37 make a number of pronouncements about the status of settlement agreements brought about by mediation in the context of the division…
