With the rise of the mega case – often funded class actions – a unique challenge for mediation is emerging.
It is just as Danny McFadden says in his recent post on China's modern day silk road…
We finished module 2 of our flagship training course last week. One of our participants emailed me the next day:
“I was driving up the road yesterday and mulling over one aspect of the mediation…
My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track…
Often in the field of mediation we hear complaints about there being too many mediators, too much training and not enough mediation. While I can understand the frustration about the size of the…
In Australia we have long experience of compulsory mediation prior to litigation in cases where a presumed power imbalance exists – such as retail tenancy and farm debt disputes.
However, compulsory…
While working on the manuscript for a book published last year (Negotiation: Things Corporate Counsel need to know but were not taught - Wolters Kluwer, 2017), I submitted a draft to an eclectic peer…
Today I want to talk about why mediators should care about EVO Moment #37.
For those of you new to the eSports ("electronic sports") scene, there is an annual tournament, the Evolution Championship…
A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by…
This entry is an ongoing series focused on using Neuro-Linguistic Programming in our practice of amicable dispute resolution. For ease of reference and the convenience of readers, I will list in this…
One way of describing mediation is as a process that seeks to convert what is apparently a zero or negative sum game into a positive-sum game. This is to use the language of game theory, which…
