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The International Association of Mediators conference in Edinburgh last month provided a great opportunity to reflect on the lessons learned from the application of a principled negotiation approach,…

  The recent cost decision of Justice Graeme Mew in Canfield v. Brockville Ontario Speedway, 2018 ONSC 3288 (CanLII) provides an instructive review of the principles the Court will consider when…

I write this in the aftermath of the really uplifting and wonderfully diverse conference which I had the privilege to host and chair recently in my home city, under the auspices of the International…

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of…

During a trip to Vienna some time ago, I attended the “ICC Commission on Arbitration and ADR Meeting” where I had the opportunity to hear Toby Landau QC, a brilliant barrister and arbitrator from…

Try this thought experiment: imagine a mediator without empathy. How and what would they do? Would there be drawbacks? Benefits? The response to these questions probably depends on our own…

The debate regarding the urgency of modernizing Brazilian labour laws has been going for quite a while, probably dating back to early 80s. Over the last four decades, hundreds of professions have…

This is the second in a short series of blogs interviewing regular users of mediation about what they really want from mediators and from mediation. We kicked off last month with Rebecca Clark…

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…