Keep Mediation and Arbitration Separate?
POSTED ON August 28, 2015 | Comments (33)
My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition....
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 (3)
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...
Cognitive Illusions Hamper Litigation Choices
POSTED ON January 20, 2014 | Comments (1)
Lawyers are as susceptible to errors in decision-making, and in giving advice to clients, as lay people, and this has a significant impact on the timing and quality of settlement of disputes. So we are told in a thought-provoking article in the Southern California Law...
Some Reflections on a New-ish Experience
POSTED ON January 08, 2014 | Comments (0)
I recently conduced a mediation in the Middle East. It was a large commercial dispute. My learning from a rather new experience is this: •One needs to understand the local nuances •Being able to show awareness of some local customs and language is respectful and...
Humility, Courage and Responsibility in Leadership
POSTED ON December 16, 2013 | Comments (0)
Jonathan Trott's decision to leave the England Ashes touring party due to a stress-related illness was widely covered and with a degree of sympathy which marks a changing public awareness of the impact of mental health issues. It also suggests greater recognition that acknowledgement of...
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...
Key people of influence?
POSTED ON November 21, 2012 | Comments (0)
I commend the book Key Person of Influence by Daniel Priestley. It is one of those books the title of which might seem off-putting, but which captures well the phenomenal changes in the world of business and communications, especially social media, in recent years. It...
The value of mediation training
POSTED ON June 01, 2012 | Comments (0)
Over the 10 years we have been offering mediation training, we have seen solicitors from nearly all of the larger firms in Scotland participate -- often because being able to offer clients an understanding of how mediation works, from the inside as it were, is recognised...
Negotiating Beyond Boundaries
POSTED ON April 24, 2012 | Comments (1)
I had the good fortune to attend an inspiring talk by Israeli negotiator, Moty Cristal, at the ABA dispute resolution conference in Washington. A veteran of many of the toughest negotiations in the Middle East, he affirmed many of the key messages about negotiation as...