A Minister’s Mediation Challenges

Over the Christmas break, I had the pleasure of reading Ken Newell’s memoirs, “Captured by a Vision”. Ken was (until his retirement some years ago) a Presbyterian Church minister in Northern Ireland who, out of deeply held conviction arising out of his Christian faith, played a central role in bringing together representatives of both sides... Continue reading The post A Minister’s Mediation Challenges appeared first on Kluwer Mediation Blog.

“What The Parties Really Want” – Interview 2 – Mike McIlwrath

This is the second in a short series of blogs interviewing regular users of mediation about what they really want from mediators and from mediation. We kicked off last month with Rebecca Clark. This month, I have the pleasure of interviewing Michael McIlwrath, who has been the head of litigation for GE Oil & Gas... Continue reading The post “What The Parties Really Want” – Interview 2 – Mike McIlwrath appeared first on Kluwer Mediation Blog.

“What The Parties Really Want” – Interview 1 – Rebecca Clark

Like all businesses, mediation ultimately depends upon (and needs to reflect) what the users want from it. That doesn’t of course mean that theirs in the only relevant perspective – mediators also have views on what the process can and should offer. But at the very least it’s a vital part of the equation (I... Continue reading The post “What The Parties Really Want” – Interview 1 – Rebecca Clark appeared first on Kluwer Mediation Blog.

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.

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