Litigation

30 articles available

In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial…

 We got off on the wrong foot right from the start. It was a boat building case and the detail was overwhelming. Too many gudgeons, pintles and bulwarks and by the time we got to a 3 day hearing, it…

In a previous post, I shared Professor Stacie Strong's call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final…

Hockey is a deeply ingrained part of the Canadian identity so it's not surprising that the Country has been abuzz this week around the question: "Has a high profile 10-year old case been settled…

An apple a day keeps the doctor away. The judiciary in the Big Apple took an important step for promotion of mediation. On July 28, the Commercial Division in New York County Supreme Court introduced…

I have been reflecting recently on the individual and collective professional journeys we all undertake – and on the different stages we reach. My reading has taken me to a thought-provoking book by…

The recent publication of a study conducted for the European Parliament on Mediation, “Rebooting the Mediation Directive,” has contributed to the ongoing debate about effective mediation policy. I am…

I am indebted to my friend and fellow mediator Mark Lomas QC for sending me the following email recently: ‘I have come across what I think may be one of the earliest recorded mediations in England,…

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…