Litigation

  [Picture credit: creative commons]Although infrequent, court cases against mediators are illuminating, helping us avoid being dragged into court ourselves. Here’s an example In Tapoohi v Lewenberg …

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…

As Chip and Dan Heath describe in their book Switch: How to Change Things When Change is Hard, we are rational beings with a “Rider” that logically analyzes our surroundings. Our Rider tries to…

The year 2016 has so far been a significant one for Singapore in the area of ADR. The opening of the Singapore Legal Year saw the Chief Justice of Singapore, Mr. Sundaresh Menon introducing various…

First of all a very happy New Year to all our readers! May 2016 bring you peace, happiness and many, many hours of successful mediation. Here in Ireland, all we would really like is for it to stop…

When someone asks me to explain what mediation is, I often find it easier to tell them what it is not. Sometimes I will start by asking them if they are familiar with litigation or arbitration, and…

In 2006 Frank Sander produced his 'Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of 'mainstreaming' or …

  Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from "that's an interesting idea" to "it…

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration…