Given the confidential nature of mediation, it is a rare set of circumstances that allow us to catch a glimpse into the mediator’s craft. The current review of the professional standards governing Australia’s accredited mediators provides one such opportunity, The review seeks, to the extent permissible, to uncover what practitioners are actually doing, including the…

On 29 January 2021, the European Union and Canada adopted four decisions providing for specific rules regarding the Investment Court System (“ICS”) agreed in the 2016 EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). One of them includes the Rules for Mediation. See: general facts about CETA. The CETA was signed on 30 October 2016, and…

This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I recognise that it may look different when you are representing one side in a mediation, rather than in…

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much the clients and others appreciate a creative approach to the…

This article may be helpful particularly if you consider settling a case as a party or as an advisor. There are many perspectives that one can consider when looking at mediation. One example is that our current mediation culture is still in development. Therefore, sometimes, parties ask me, the mediator, to invite the other party…

This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the modes providing for amicable resolution of disputes. The Decree No. 2012-66 (the Decree) mainly enacts rules dealing with certain aspects of mediation in…

This post is dedicated to the memory of Steve Jobs (1955-2011) [Author’s note: I had in mind another subject for this blog post. I was however moved to write this one. It seems fitting that I am writing it on my Mac Book Air.] 5 October 2011 was a sad day. It saw the passing…