Court Procedure and Litigation

In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last month to one that didn't proceed quite so smoothly…

A recently reported decision of the Ontario Superior Court highlights the efficacy of the mediation process in resolving complex disputes particularly in circumstances where uncertainty of outcome…

As much as we might like mediation’s fluid and often intangible nature, every now and then it can be of benefit to come across some research which enables us to take a step back and look at the…

 This week in Glasgow, Strathclyde University hosted the first seminar in a series entitled 'Reframing Resolution - Managing Individual Workplace Conflict'. The six seminars will take place across…

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator's opening speech, and the secrecy/privacy of the…

I recently spent a very pleasant evening chatting to a German colleague over beer and toasted marshmallows. To my surprise, she prefaced much she had to say with the comment, “but sure mediation is…

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely…

Lack of flexibility is probably one of the most difficult obstacles to resolve any dispute. The absence of flexibility, limits the ability to reach agreements and ultimately makes the courts the only…

 As you would expect, judges are appointed for their ability to adjudicate, often untested at the time of elevation to the Bench. Once appointed, many jurisdictions around the world then ask their…