Seven Keys to Unlock Mediation's Golden Age
POSTED ON June 29, 2020 | Comments (0)

The international website Mediate.com has been publishing a series of peer reviewed articles under the collective title Seven Keys to Unlock Mediation’s Golden Age. The objective of the Seven Keys is to encourage discussion among all stakeholders on navigating mediation’s best future. The seven keys are: Leadership, Data, Education, Profession,...

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Mediation and Juicing - Parallel Worlds?
POSTED ON June 28, 2020 | Comments (0)

One of the positive aspects of the enforced changes brought about by lockdown is that it enables – or compels – us to try new things. So far, I’ve learned how to create and have issued 13 podcasts, the idea being to spread ideas as widely...

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Mediations, using Zoom - a revelation?
POSTED ON May 29, 2020 | Comments (0)

Ten weeks ago, I had barely heard of Zoom. At that time, I was fairly sceptical about online mediation in the kind of cases I do. It could never substitute for face to face meetings with their intimacy and candour. Or so I thought. I...

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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....

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Key Learning Points from Recent Mediations
POSTED ON May 14, 2015 | Comments (69)

"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 (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...

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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...

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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...

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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...

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Disclosing who is Present at Mediation
POSTED ON July 26, 2013 | Comments (41)

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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