Commercial Mediation

Life as a ‘pracademic’ is a wonderful experience. I have the pleasure of teaching intensive programs in ADR at postgraduate and undergraduate level and in between I work in my own practice as a…

  John Sturrock’s May 1st  thought-provoking blog post on mediator “fairness” styled itself a “provocation” and invited comment and response. Here’s mine. John, thank you for your thought-provoking…

A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by…

  Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario is…

As mediators, we spend much of our time contrasting mediation with, and distancing ourselves from, litigation. Before your eyes glaze over, that is not for this post. Instead, this post draws out one…

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings…

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of…

It's not easy to blog once a month, even on a subject I love. Often I sit down to write with no real ideas or inspiration. Sometimes I end up that way too (as you may have noticed!). It becomes easy…

Recently, I was ruminating about analogies between cricket and mediation. Cricket is a much-loved sport in Scotland. Sadly, nowadays, changes in the climate mean that cricket in my home country is…