Key Learning Points from Recent Mediations
"What's been going on in recent mediations", asked a colleague. "Any highlights?" The trouble with doing anything on a regular basis is that you can omit to reflect on the learning from each occasion. So, for me, here are some takeaways from the past few...
A Dispute Resolution Clause
POSTED ON July 10, 2014 | Comments (8)
Recently, we had cause to specify a form of mediation clause for a public sector contract. Here is a revised version of what we agreed. What do readers think? “Dispute Resolution 22.1.1 The parties must attempt in good faith to resolve any dispute, difference...
Mediation in Commercial Disputes
POSTED ON December 01, 2013 | Comments (0)
Take an example of creative problem-solving: there are two parties with claims and counter claims in a court action. They have a common problem: a major facility needs fixed. Further up the chain, it does not matter who caused the problem or why. It needs...
Disclosing who is Present at Mediation
In a recent mediation, we had to discuss whether the presence of insurers should be disclosed to the other party. I offered these views: "As you know, my initial view was that your proposal would be inappropriate on the grounds that it would place me...
The Intellectual Property Office has called for observations on the relatively low use of its mediation service for IP cases. It is keen to understand the reasons for this and what more can be done to assist SMEs in resolving disputes before they reach the...
'Win-win' Solutions in IP disputes
POSTED ON November 01, 2010 | Comments (0)
This week I had the opportunity to participate in an event organised by the Licensing Executives Society. We were discussing finding "win-win" solutions in IP disputes. It was fascinating to explore the possibilities in patent cases, trade mark infringements, allegations of passing off and copyright...
Dig Deeper To Find the True Cause Of Disputes
POSTED ON September 10, 2010 | Comments (0)
In the past two or three weeks, I have been privileged to act as mediator in a number of difficult disputes. These ranged from high value property development to patent rights in specialist off-shore equipment, to development planning in industrial sites to the supply of...