This post is unlikely to win me friends on America’s West Coast and it may even see my US mediation teaching visa withdrawn, however when the issue even has its own Facebook group called Save the Mediation Joint Session and Promote Party Participation with over 50 of the world’s top mediators signed up, then the patient is more critical than I thought.
The rise and rise of the mediator’s proposal  and other evaluative interventions by many of our number, along with the relentless demise of the joint session, are all part of a larger lurch to the right for mediation practice.
And if we look for ground zero, inevitably all roads lead to Southern California where we are told the j [...]
Global Legal Post recently carried an article intriguingly entitled “Lawyers find Eureka moments in the shower“. Sadly the article itself lacked the slightly salacious promise of its title. Instead, it focused on the results of a survey of London city lawyers, indicating that those surveyed did their most creative thinking in the shower or commuting (27% in each case). By contrast, only 10% attained their creative peak in the office.
Intuitively, this doesn’t surprise me. There is inevitably (and quite properly) a rigour and a structure to office life. Institutions usually function that way, particularly the larger ones. Perhaps they need to, to avoid chaos.
But everything has [...]
I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator.
I have changed my view. As usual, experience is a great teacher. As is improvisation. Here’s what happened. After several hours of to-ing and fro-ing, and with a still significant gap between them, the mediator brought the principals together to meet with him, without their legal advisers (and with the advisers’ permission and encouragement). They talked for a while about their respective claims and [...]
In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did.
While the final results are still pending, Prof Strong has released some preliminary results from the study.
The study, which is entitled “Use and Perception of International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” was written by Professor S.I. Strong of the University of Missouri and collected detailed data on 34 different questions from 221 respondents from all over the world. Surv [...]
Author’s Note: I would like to thank Ms. Eunice Chua, Deputy Chief Executive Officer for her contribution to this entry.
5 November 2014 was a momentous day for mediation in Singapore. It saw the launch of two mediation-related bodies, the Singapore International Mediation Institute and the Singapore International Mediation Centre.
In April 2013, Singapore’s Chief Justice Sundaresh Menon and the Ministry of Law (MinLaw) appointed the International Commercial Mediation Working Group which was co-chaired by George Lim (Senior Counsel) and Edwin Glasgow (Queen’s Counsel) and comprised academics, practitioners, in-house counsel and other stakeholders in the mediation field.
The remit of the [...]
The Singapore Mediation Lecture 2014 was delivered on 26 September 2014 by Mr. Brad Berenson, the Vice President and Senior Counsel for Litigation and Legal Policy of General Electric. The third lecture in this series, the Singapore Mediation Lecture is a result of a partnership between the Singapore Mediation Centre, the Singapore Management University School of Law and Harry Elias Partnership. Previous speakers were the former president of Singapore, Mr. S R Nathan (2012) and Lord Woolf (2013).
The title of the lecture was “The Mediation Imperative: Why Successful Companies Embrace Mediation”. I do not propose to reproduce the speech here. The speech will be published in the Asian Jou [...]
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 via a comprehensive mediation agreement (ad hoc mediation) – however, and although there are cost implications, parties to international mediations usually perceive real benefits in adopting a tried and true process administered by a respected and often global ADR provider (administered mediation).
Many parti [...]
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 Firm, one of the most prestigious Firms in Brazil, and was attended by several lawyers, in house counsels and members of the public sector, some of them hearing about mediation for the first time. In addition to being a great success, the event could be seen as another small step towards increasing the general awareness level of Commercial Mediation in the country.
Although I could pr [...]
Before I left my law firm in the late 1990′s David Maister, a Boston management guru of whom many of you will know, was the darling of every large service firm, especially in the law and accountancy fields.
He has long since retired but at his height he was good, very good – despite being a former Harvard Business School professor, he had a practical wisdom that could cut through the management gobbledygook I was struggling with at my firm’s monthly management meetings at the time.
But it was the way he brutally labelled the three types of professionals, that he said inhabited service firms globally, that really caught my attention.
At any given stage in one’s professional life, Maister o [...]
I’ve got to admit that the John Sandford “Prey” crime novels, featuring the complex detective Lucas Davenport, are a guilty pleasure of mine, both in text and particularly audiobook formats. I can usually get through an unabridged audiobook during one of my frequent return car trips between Ottawa, where I live, and Toronto, where I now mediate about 80% of my cases.
The concept of “prey” (in the sense of “take advantage of; exploit or injure; cause constant trouble or distress to”) comes to mind as I read and re-read two recent thought-provoking posts on this blog: Jeff Krivis’ June 16th post, “Settlement Drift” and Michael Landrum’s post, exactly a month later, “Top Ten Miscellaneous Obser [...]