ICC Mediation Competition 2017: in conversation with the finalists

I (Bill) remember doing my first commercial mediation. I was 29, and in the presence of the four parties and their advisers I felt even younger. It was not lost on me that (as Suzanne Rab recently noted in Do You Need Grey Hairs to Mediate?) people expected someone older to walk into the room.... Continue reading The post ICC Mediation Competition 2017: in conversation with the finalists appeared first on Kluwer Mediation Blog.

A New Seat at the Mediation Table? The Impact of Third-Party Funding on the Mediation Process (Part 2)

This is the second in a series of two posts about third party funding (TPF) of litigation Geoff’s Part 1 looked at the principle of TPF. Now mediators Bill Marsh and Geoff Sharp get together to share thoughts on the impact TPF has on the mediation process Whatever else mediation is, it is certainly a... Continue reading The post A New Seat at the Mediation Table? The Impact of Third-Party Funding on the Mediation Process (Part 2) appeared first on Kluwer Mediation Blog.

Too Much Or Too Little?

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a settlement? Occasionally, no offers even made? And as you do so, perhaps you find that your thoughts veer from:... Continue reading The post Too Much Or Too Little? appeared first on Kluwer Mediation Blog.

Brexit And The Binary Bind

  Perhaps we shouldn’t be too surprised by the whole Brexit affair. I’m not talking about the result of the vote itself, but about the referendum process, the behaviour it engendered, and its aftermath. All the classic features were present. Classic features of what? Well, of binary processes. Those that offer a win/lose, yes/no, remain/leave... Continue reading The post Brexit And The Binary Bind appeared first on Kluwer Mediation Blog.

A Heart-Felt Plea To The UNCITRAL Drafters

Cogniscenti (and readers of Ema Vidak-Gojkovic’s blog The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) will know that talks are ongoing in an attempt to see if it is possible to find a common system for the direct enforceability of agreements concluded in mediation. This is a... Continue reading The post A Heart-Felt Plea To The UNCITRAL Drafters appeared first on Kluwer Mediation Blog.

Mediating Early And Late

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have... Continue reading The post Mediating Early And Late appeared first on Kluwer Mediation Blog.

Gratitude For The Law

This year in the UK we are celebrating the 800th anniversary of the Magna Carta, or “Great Charter”. Signed in 1215, it remains one of the most famous documents in the world, and central to the British constitution. In mediator parlance, it is a “settlement agreement”. It came into being as a compromise between King... Continue reading The post Gratitude For The Law appeared first on Kluwer Mediation Blog.

Whisper It Quietly?

This is a blog I have shied away from writing. Several times. Even now, as I do so, I am wary of it. But here goes. I’ll come right out with it. Very few women feature on the lists of “top” commercial mediators. This year’s Who Who Legal World’s Top Ten features precisely….none. Seriously? Come... Continue reading The post Whisper It Quietly? appeared first on Kluwer Mediation Blog.

Who’s Running The Show?

Something is in the air at the moment. And it goes to the heart of what we mediators do. On the one hand, noted mediation thinkers such as Robert Bush and Joseph Folger write an empassioned challenge to the profession “Reclaiming Mediation’s Future: Getting Over the Intoxication of Expertise, Re-Focusing on Party Self-Determination”, arguing that... Continue reading The post Who’s Running The Show? appeared first on Kluwer Mediation Blog.

Mediating In The Shower?

Global Legal Post recently carried an article intriguingly entitled “Lawyers find Eureka moments in the shower“. Sadly the article itself lacked the slightly salacious promise of its title. Instead, it focused on the results of a survey of London city lawyers, indicating that those surveyed did their most creative thinking in the shower or commuting... Continue reading The post Mediating In The Shower? appeared first on Kluwer Mediation Blog.

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16.05.2017 Very proud to announce that Michel Kallipetis QC was awarded Lawyer of the Year - #Mediation at @whoswholegal Award… https://t.co/dvohgTBPk4
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