Key Learning Points from Recent Mediations
POSTED ON May 14, 2015 | Comments (0)

"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...

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A Dispute Resolution Clause
POSTED ON July 10, 2014 | Comments (1)

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...

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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...

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Disclosing who is Present at Mediation
POSTED ON July 26, 2013 | Comments (0)

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...

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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...

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