Keep Mediation and Arbitration Separate?
POSTED ON August 28, 2015 | Comments (0)

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 (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 (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...

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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 (2)

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 (1)

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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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...

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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...

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Negotiating Beyond Boundaries
POSTED ON April 24, 2012 | Comments (0)

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...

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