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, with mediator encouragement and persistence, small cracks appears in the ice, the parties’ attitudes slowly begin to thaw and one can discern the stirring buds of resolution, just below the surface, imbued with nature’s force, striving to burst forth into the sunlight. (Ed. note: enough, surely!)
Section 11 of the Limitations Act (Onta [...]
The annual ICC Commercial Mediation Competition is about to kick off in Paris, France on 7 February 2014 and as I write this 500 students from over 40 countries will be making their way to The City of Light by trains, planes and bus.
Teams are drawn from law and business schools across the globe and 120 of the world’s leading commercial mediators and corporate representatives will play their part as judges and mediators.
Over 6 days in the dead of a Paris winter there will be 200+ mock mediation sessions with numerous training programmes and social events - all held in the smartest of Paris law firms like Clifford Chance, Linklaters, Eversheds and McDermott Will & Emery.
So, to the stud [...]
An article by Donalee Moulton in the January 24th issue of The Lawyers Weekly entitled, “Opening offers can make or break a deal” caught my attention and caused me to reflect on my own experience from approximately 3,000 mediations conducted over the past 22 years.
Much of the advice boils down to, “don’t be afraid to make the first offer in mediation, so long as it’s a reasonable offer, because by so doing you are anchoring the negotiation that follows and research shows that this “anchoring eff [...]
This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins.
Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me to cross the centre line, but I’m quite close to it’ kinds of places, ideal for short line ups of lawyers or parties.
My technique has evolved quite differently in each of these three spaces: caucus, joint and corridor– so differently I wish someone would legitimise the humble corridor encounter by giving it a fancy name and teaching a course on it.
My take on corridor encounters is that they are very diff [...]
It is almost a consensus nowadays that large and small companies, regardless of their business activity or industry segment, must integrate in their corporate and operational strategies a variety of social, economical, and environmental elements in order to not only effectively satisfy all stakeholders, but also to remain sustainable and competitive in the long run.
This trend started a few years back when financial investors, in addition to looking into their traditional investment tools (ratios, financial analysis), decided to add a social element into their decision making process, creating sustainability ratios in order to measure and evaluate other dimensions which, until then, had been [...]
The new ICC Rules of Mediation were unveiled this week at a global launch in Paris.
Coming into force on 1 January 2014, the new ICC Rules will replace the ICC ADR Rules that have been used for amicable dispute resolution worldwide since 2001. The new Rules have been adapted to help parties resolve even the most complex cross-border disputes quickly and reliably. Changes include the setting of mediation as the default technique, as well as increased support from the ICC International Centre for ADR, the body administering the new Rules.
Hannah Tuempel, Senior Counsel and Manager of the ICC International Centre for ADR, noted the positive response from business: “The new ICC Rules of Mediatio [...]
So, dear Readers,
This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore.
On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial mediation sector. Based on recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry, the recommendations include the establishment of two new independent mediation entities: a new professional mediation body (the “Singapore International Mediation Institute”), and a new international mediation service provi [...]
What constitutes effective mediation advocacy? Litigation lawyers in an ever-increasing number of jurisdictions around the world understand that mediation is becoming or has become the primary dispute resolution forum and thereforenaturally are interested in acquiring and enhancing the knowledge and skills necessary to effectively represent their clients in the mediation process.
Earlier this year the International Mediation Institute addressed this issue when it released its “IMI Mediation Advocacy Competency Criteria“.
Now, Osgoode Hall Law School in Toronto, Canada is presenting what promises to be a very interesting and dynamic two-day course on Mediation Advocacy, December 10th and 11th [...]
Mediators deal in words – not exclusively, but a great deal (and perhaps sometimes too much, but that’s another blog). So it pays for us to think carefully about what words really mean.
A couple of years ago, I came across an article entitled “US facilitation yes, mediation no: Omar”. It detailed how Pakistan, through its then chief minister Omar Abdullah, had asked the US not to “make an overt mediation” in the long-running conflict in Kashmir. Pakistan did, however, recognize a useful US role in “facilitating the dialogue” (emphases added by me).
Mediators might well ask – “What’s the difference?” If you are “facilitating a dialogue”, are you not “mediati [...]
This week I spoke to a group of young legal practitioners here in New Zealand. I aimed low and went back to source. I suspect I got more of a kick out of it than anyone at the session.
So, mediators, look away. There is nothing new here.
But users, occasional or repeat, I hope these three essential elements peek an interest in the rich vein of mediation theory that pulses through every mediation – high stakes mega technology case or barking dog dispute.
1. Let’s start at the beginning with the Five Sources Of ALL Conflict*