Developing the Field

The U.K.’s decision to leave the EU and the voting in of the protectionist Donald Trump to the US presidency has drawn both the UK and the USA into the Nash Trap. U.S. mathematician John Nash (the…

Forty-five years ago, Professor Christopher Stone published a paper entitled “Should Trees have Standing? Towards Legal Rights for Natural Objects”. [45 Southern California Law Review 450–501.] Two…

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: "if you’re positively linked with another, then you sink or swim…

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…

  Mediation is already here, and it came to stay. Each day there are more and more supporters of mediation - from legislators to public institutions, and professionals who are gaining more awareness…

It’s a no brainer, right? Of course mediation should be free, then many more people would use it, it would solve the problem of court waiting lists and huge legal aid bills right? Shouldn’t it? Or…

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…

This blog comes (almost live) from the Berlin Global Pound conference, held on 24 March 2017. This was the 13th in a series of 39 coordinated events on commercial dispute resolution mechanisms around…

In 2017 we find that the mediation market is lumpy. There is a relatively small pool of mediators, including the founding fathers and mothers of mediation, who firmly established credibility and…