lawyers in mediation

40 articles available

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had…

Like all businesses, mediation ultimately depends upon (and needs to reflect) what the users want from it. That doesn’t of course mean that theirs in the only relevant perspective – mediators also…

As I have proudly published in several articles last year, Brazil has come a long way until it finally managed get its first Mediation Law into force. Find below a brief historic to remember this…

Have you ever wondered who mediators are helping? The parties, obviously! Well, not so obvious to our critics. In this blog I consider worries about mediation's approach to manifest injustice…

Savvy litigators often tell their clients that “a bad settlement always beats a good litigation”. That may be partly because there is embarrassingly scant guidance in the literature, or even in the…

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…

Last week the long-awaited Irish Mediation Bill was finally published. Its purpose is to introduce a coherent comprehensive regulatory framework for mediation in Ireland. For a number of reasons it…

“Life is a lottery and a lot of people lose but the winners, the grinners with money colour eyes eat all the nuggets and order extra fries” - Paul Simon, The Werewolf Lawyers who think their clients…

This post should be about trust and credibility, moreover when it comes for reasons to choose mediation. We recently received a request for mediation from a family that encountered difficulties in…