Conciliation is attracting more and more users for its prided features as an easily accessible, cost- and time-effective procedure for dispute resolution. It is supported and also evidenced in the recent effort put into the discussion by UNCITRAL Working Group II to establish new instruments – a convention and a model law – with regard…

Savvy litigators often tell their clients that “a bad settlement always beats a good litigation”. That may be partly because there is embarrassingly scant guidance in the literature, or even in the world’s law schools, on how lawyers can help their clients settle well rather than badly. I recently had the honor of writing the…

Students demonstrating cooperation

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together; with negative linkage, if the other sinks, you swim, and if the other swims, you sink.”1)Cooperation and Competition. In M. Deutsch, P. T. Coleman, & E….

Public Service Warning: This blog post will contain spoilers. If you have not watched Arrival and intend to, please do not read any further. I’m a movie addict. I admit it. And I am ashamed to say that most times, my favourite genre of movies is the “check your brain in at the door shoot…

In the first of a series of blogs on the business of mediation, Stephen Walker, author of Setting Up In Business As A Mediator (Bloomsbury Dec 2015), discusses whether mediation is a business at all. Is Mediation A Business? The short answer is yes, if you want it to be. But should it be? Not everybody…

I (Bill) remember doing my first commercial mediation. I was 29, and in the presence of the four parties and their advisers I felt even younger. It was not lost on me that (as Suzanne Rab recently noted in Do You Need Grey Hairs to Mediate?) people expected someone older to walk into the room….

Mediation is already here, and it came to stay. Each day there are more and more supporters of mediation – from legislators to public institutions, and professionals who are gaining more awareness about the potential of mediation. However, it also has a long way to go. Those who decided to start working in the field…

It’s a no brainer, right? Of course mediation should be free, then many more people would use it, it would solve the problem of court waiting lists and huge legal aid bills right? Shouldn’t it? Or should it. What does free really mean? Free for whom? These questions arise out of the current debate here…

This is the second in a series of two posts about third party funding (TPF) of litigation Geoff’s Part 1 looked at the principle of TPF. Now mediators Bill Marsh and Geoff Sharp get together to share thoughts on the impact TPF has on the mediation process Whatever else mediation is, it is certainly a…