Evaluative Mediation

27 articles available

Faithful readers will recall my posts here and here mentioning the failed mediation relating to the international effort to reach an agreement on the distribution of some $9 Billion in assets…

Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the…

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 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…

Like many of us I am constantly torn between simplicity and complexity. The world is complex: that's a given. But a beautiful morning or a lover's kiss is simplicity itself, and it's a fool who…

I like the Christmas season. It marks a very happy time in the year for me and I'm afraid, it makes me a bit silly. In that spirit, I hope readers will forgive that I start off with an Elephant story…

 Hong Kong is the global city of designer ‘labels’ as even the most reluctant of shoppers cannot fail to observe. It is also the city of fakes – fakes with labels and fakes without labels – and the…

When do mediators get to talk to one another? There are of course various conferences. They produce a lot of useful papers and discussions but time is short. Co-mediators get to talk a little but it…