Commercial Mediation

260 articles available

Mediators often talk about the power of framing their own language and reframing the language of parties and others in mediation settings. For example, mediators may frame their comments in neutral,…

“Thank God for the last minute; otherwise nothing would ever happen.” This old saying rolls through my mind as I sit to type this on my iPad in the departures lounge at Toronto's Billy Bishop Airport…

What is the possible role of the lawyer in a commercial mediation? How the lawyer should interact with his client in the mediation process? Here are some thoughts for using the lawyer as a positive…

Often when I’m mediating a difficult case; the parties, running hot, miles apart and showing no sign of movement, an inner voice whispers softly to me, “it’s just not ripe for settlement.” It’s an…

It’s never easy to get a grasp on national statistics for mediation. The closest we come in the UK is a biennial (that’s once every two years, not twice a year!) survey carried out by CEDR, for which…

On June 1, 2012, the revised version of the Swiss Rules on International Arbitration entered into force (see the recent following posts on the Kluwer Arbitration Blog: http://wolterskluwerblogs.com…

Two stories in the Canadian media caught my eye this past month. New Rules for Bank Mediators - The Federal Minister of Finance has indicated that the Canadian federal government will not require…

 Well, 143,000 if you believe Mr. Google -  but only one could have posted this must view for all mediators and mediation advocates. See this world class mediator in action at;  http:/…

Since April 2005 there have been two structural provisions for referral to mediation: via the Legal Desk and via the Judiciary. Besides, conflicting parties can start mediation on their own…