This story is for you if: one of the parties to your multi-party case is irrational and an obstacle to settlement; the irrational party is making the case fall apart; walking away could result in a much worse deal for your client. There are several strategies you can deploy to deal with the difficult and…
As we in Ireland wait…and wait for our promised mediation legislation one of the topics that featured strongly in the consultative process which preceded drafting of our mediation bill was mediator certification and regulation. Confronted with rather vague requirements not extending beyond mediators giving clients evidence of their qualifications, if requested, in the drafts heads…
Regular readers of this blog may recall my 10 tips for participants who took part in the recent ICC Commercial Mediation Competition held in Paris – a wonderful time was had by all but that’s for another post. One of those tips was about keeping it real and suggesting a ‘steel fist inside a velvet glove’…
In the early days of personal computing, the development of the “graphical user interface” was accompanied by the acronym, WYSIWYG: “What you see is what you get”. While frustrated computer users know that this was never entirely true, or might only have been true for the computer boffins who designed the interface, the idea was…
Greetings from the heart of the Polar Vortex! Yes, it’s been a brutally cold and snowy winter here in Ontario, Canada, but now, in late February, the lengthening days and (relatively) warmer temperatures remind me of that point in a mediation when it seems that all hope of resolution has forever frozen over and yet,…
ADR is sleepwalking globally. It needs to be shaken out of its slumber. There is a way to do it. A truly Global Pound Conference! Mediation growth has stalled. Mediation is established as part of its dispute resolution structure in a few countries like the U.S., Canada, the Netherlands, Singapore and the U.K., but even…
Mediation of wage and hour matters, particularly class action cases, has developed dramatically over the past 10-12 both on a process and legal basis. New cases seem to come out weekly dealing with class certification, and companies have had to adjust their workforce management to make sure they comply with the highly technical laws that…
I have written before in this blog about Scotland’s slow pace of change (http://kluwermediationblog.com/2012/05/12/mediation-in-scotland-some-practical-questions-and-a-nudge-in-the-right-direction/). A naturally cautious nation, our ‘old world’ response to new ideas has generally been ‘what’s wrong with the old ones?’ I was comforted by Constantin-Adi Gavrila’s recent post on this blog which underlined that Scotland is not the only European nation…
This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. Presenting recently the results of the study on ‘Rebooting’ the Mediation Directive, Giuseppe de Palo talked about the “European Union mediation paradox” – the existence of a “highly acclaimed, efficient, effective process that very few people use”, in his own words – and the need…
Despite half the country being under water, the first few weeks of 2014 have brought with them some new developments in mediation and related areas. While not all of these developments are welcome, one gets a sense that the need for change in many areas, including the legal system, is being acknowledged and acted upon…
