Lawyers

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(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…

Commercial Mediation, Community Mediation, Developing the Field, Dispute Resolution, Family Mediation, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation traditions, Mindset, Negotiation, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /14 Comments
Lawyer making opening statement in mediation

“The world is made, not found.” (W Barnet Pearce) I had been a mediator for about 10 years before I heard parties’ initial words described as their “opening statement.” This may surprise some readers, though probably not if they began, like me, in family mediation, nor community or workplace. Other descriptions are available, as our…

Costs in Mediation, Decision making, Interests, Lawyers, lawyers in mediation, Legal Issues, Legal Practice, Mediation Lawyering, Negotiation, Tactics, Trial Value

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

While it is obvious that law is significant in legal disputes, how the law is used is not so obvious. This piece uses Oliver Wendell Holmes’s famous definition of the law as “prophecies of what the courts will do in fact,” rather than rules expressed in statutes, case law etc. It discusses two aspects of…

Future of mediation, Lawyers, Leaders, Mediation Practice, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /2 Comments

Some time ago, in these pages, I proposed the World Mediators’ Alliance on Climate Change. Out of that initiative grew the Mediators’ Green Pledge. Out of that we hope to see a supportive corporate pledge and a conference at the time of COP26 in November. More on that later. This month, I’d like to float…

ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Global Pound Conference Series 2016-17, Interests, Lawyers, Leadership, Mediation Institutions and Rules, Negotiation, Promoting Mediation, Skills, Training, user perspectives

(Strategic Resolution)/ /2 Comments

At a lunch at Globe House, Temple Place in London in early 2006 on a balcony overlooking the Thames, the host, Michael Leathes, then an in-house corporate counsel with some years of user experience in mediation and the arb-med hybrid, asked me and the others present – Jeremy Lack, Tina Monberg, Miryana Nešić and Irena…

Argument, Below the line, Clients, Commercial Mediation, Dialogue, Experts, Fear, General, Joint Sessions, Lawyers, lawyers in mediation, Legal Issues, Litigation, Mediation Lawyering, mediation process, Preparation, Tactics

(Bill Marsh Mediator)/ /4 Comments

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…

'Money-only' Cases, Accreditation, ADR, Appointment of Mediators, Argument, Australia, caucus, Clients, Commercial Mediation, Conflict, Court Procedure and Litigation, Creativity, Dispute Resolution, Evaluative Mediation, Impasse, Interests, Joint Sessions, Judges as mediators, Lawyers, lawyers in mediation, Legal Issues, Litigation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Preparation, Set Aside a Mediated Agreement, Settlement Agreements, shuttle mediation, Success in mediation, The role of the mediator, Time Pressure, Understanding mediation

(Strategic Resolution)/ /Leave a comment

  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties. Here’s an example Mr. and Mrs. Studer moved…

ADR, Brexit, Costs in Mediation, Court Procedure and Litigation, Europe, Future of mediation, Lawyers, Mandatory mediation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Online Mediation, Promoting Mediation, Reform

(CMS)/ /Leave a comment

While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The Civil Justice Council’s ADR working group has released its much anticipated final report on the use of ADR within the civil justice system…

ADR, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Lawyers, lawyers in mediation, Legal Issues, mediated settlement agreement, Mediation Practice, Reflective Practice, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

, (Singapore International Dispute Resolution Academy)/ /4 Comments

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…

Lawyers, Legislation, Mandatory mediation

(ADR Center Romania)/ /Leave a comment

Four years after Romanian Constitutional Courts’ Decision no. 266/2014 has put mediation in Romania to freeze, this year the Parliament has adopted a set of amendments to the Law of Mediation. It included a mandatory „mediation attempt” clause in order to revitalize this activity. But the President of Romania has already challenged these modifications at…