Arbitration & Mediation

If you belong to any of these organisations get your skates on

Posted on April 07, 2009
If you belong to one of these organisations you have 84 days to qualify for IMI certification and why wouldn't you?Experienced commercial mediators are able to gain IMI Certification via the Experience Qualification Path, and include your Mediator Profile on the IMI Web Portal, without undertaking a test, if you belong to any one of these; ADR Institute of Canada (ADRIC Chartered Mediator) www...

A snapshot of Core's mediations

Posted on April 06, 2009
For our Scottish cousins, this Scots Law Times piece from John Sturrock QC, Chief Executive of Core Solutions Group, taking a snapshot of growth of mediation over the last two years in Scotland.Some stats from 130 mediations handled by Core Mediation 07/09;> 72 law firms involved - many firms multiple users, 12 firms 10+ meds/several 20+)> 200+ indivual solicitors involved - four solicitors 47+ meds> 30 counsel/barristers have been in 20 meds> 23 meds had no lawyers (usually workplace)> 250 parties - 70/30 split - organisations/individuals> 30 of the 130 were employment meds > 40 meds involved public bodies or not for profits> 20% involved insurers > 80 meds featured commercial disputes > Of those 80 commercial disputes - 40+ were contractual and 40+ were property, construction, conveyancing related> 40% were pre-litigation mediations> 130 meds took 181 days - 75% complete within one day> 10+ meds were multi party (3+ parties)> Res Rate around 75/80%Thanks for sharing John![click on the title of this post to read more...

Mediation?s Bum Rap

Posted on April 05, 2009
Lovells' partner Neal Moglin makes the case for mediation in the heady world of reinsurance at the 16th Annual Insurance Insolvency & Reinsurance Roundtable to be held April 22 in Scottsdale, Arizona[click on the title of this post to read more.....

Come on down, Mr. Lee Jay Berman!

Posted on April 03, 2009
Lee Jay Berman has a movie actor profile picture and, coming from L.A, no doubt mediates most of Hollywood's troubles away as well.He is one of the most active mediators out there and recently founded the American Institute of Mediation.Take a look at this email from Lee Jay that came across my screen this week as part of a mediators' list serve discussion on neutrality...

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The Great UK Mediation Training Con

Posted on April 03, 2009
Today's kick-ass piece from Matthew Rushton is worth a read - here's the money quote;'Mediation doesn't need any more well-intentioned dupes, and training mediators has failed to grow the market. Training organisations might delude themselves into believing they're churning out the next generation of stellar mediators...

ADR clauses force parties to the table

Posted on April 02, 2009
They came to mediation today because they had to - there was a mediation clause in their contract. They both felt press-ganged into being at the table, but what to do? They can't do litigation until they've done mediation and it did seem like a good idea when the lawyers drafted it two years ago...

Mediate.com is giving it away all of April!!

Posted on April 02, 2009
Mediate.com has opened its wonderful treasure trove (aka Mediate.com Video Center) to everyone for April.The easiest jump off point is here. [click on the title of this post to read more...]

2 new articles over at CPR

Posted on April 02, 2009
1. Why Should Businesses Hire Settlement Counsel? by Kathy Bryan, President and CEO of CPR.2. The Movement Toward Early Case Handling in Courts and Private Dispute Resolution by John Lande from the University of Missouri School of Law.'Dispute system design theory, practice, and research should incorporate the ?earliness? of conflict management as an explicit and important element...

Selling ice to eskimos

Posted on April 02, 2009
A real smart short practice article from niche PI mediator, Philip Hesketh over at The Mediator Magazine;Box Clever: Marketing Mediation to Personal Injury Lawyers - Personal Injury lawyers do not have a dispute resolution problem. They have been resolving disputes for years...

An interview with Kofi Annan

Posted on April 01, 2009
On a day when a Kiwi got the #3 spot at the UN and found herself in charge of one of the world's largest conflict management programmes as head of the UNDP it's appropriate to highlight an interview with Kofi Annan on his mediation of Kenya's post election crisis that captures best practices in mediation and reflects on the experiences of senior mediators...

NADRAC releases milestone issues paper

Posted on March 26, 2009
Australia's National Alternative Dispute Resolution Advisory Council today released its long awaited 73 page Alternative Dispute Resolution in the Civil Justice System Issues Paper.This paper is the first step in shaping how the courts and mediation will interact in Australasia for years to come...

Can mediation evolve into a global profession?

Posted on March 25, 2009
An important article hot off the press from Michael McIlwrath, Senior Counsel-Litigation, GE Oil & Gas, Florence, Italy and Chairman of the Board of the International Mediation Institute.In many legal environments, mediation has found itself in a bit of a rut, experiencing only very marginal growth...

Timing is everything

Posted on March 25, 2009
Having just completed a factually rich mediation where we all needed to get our heads around a chronology of events that stretched over some days and where the minute by minute order of things was important to understanding the value of the case, it seemed to me we needed to do more than a text document with events listed by date...

New Article from John Lande

Posted on March 22, 2009
Just up: Lande's 50 page The Movement Toward Early Case Handling in Courts and Private Dispute ResolutionContents;Early Case Handling in Courts>Early Case Management>Differentiated Case Management Systems>Early Neutral Evaluation>Early Mediation Early Case Handling in Private Dispute Resolution >ADR Pledges and Contract Clauses >Early Case Assessment and ADR Screening Protocols>Settlement Counsel >Collaborative Practice>Cooperative Practice[click on the title of this post to read more...

Now is the time to be talking to in-house counsel

Posted on March 22, 2009
There have been many guessing what this economy might do to/for mediation, including this blog.As the year unfolds, I think it is becoming clear. Commercial mediation is up.If you have time, go visit members of your local in-house counsel community. That's where the action is in this economy...

Gender dependent skill tip...

Posted on March 17, 2009
Having got a break-through in the men's urinal today, always follow the decision maker into the loo with a killer question; you'll get a killer answer.[click on the title of this post to read more...]

I'm 51, I don't understand Facebook and how it can be used for my business

Posted on March 10, 2009
... but this video may help: How to Use Facebook for BusinessAnd if you are a FB member, here's blahblah's FB business page.Now what?[click on the title of this post to read more...]

David Shapiro's methodology for successful mediations

Posted on March 05, 2009

Stress management for mediators

Posted on March 02, 2009

Did you hear the one about the Irish mediator?

Posted on March 02, 2009

New ABA Committee on Psychology of Conflict Resolution

Posted on March 02, 2009

The American Institute of Mediation

Posted on February 27, 2009

The Endangered Trial Lawyer

Posted on February 27, 2009

In the peace business?

Posted on February 27, 2009

Guidelines for Working with Interpreters in Mediations

Posted on February 24, 2009
A good piece from Prof Hal Abramson at Touro Law Center for the rare times you might need Guidelines for Working with Interpreters in Mediations (1999, updated 2008)[click on the title of this post to read more...]

Seeking quality, not volume

Posted on February 23, 2009
On my way home last Friday I ran into an old school mate in the airport lounge.After reverting to some school boy banter [me; what's a farmer like you doing in a lounge full of suits like this? him; do you still do that thing where you sit around a lot?] we caught up on family and work...

New from Prof John Lande

Posted on February 21, 2009
John Lande, Director of the LLM Program in Dispute Resolution at the University of Missouri School of Law, has just published Learning From ?Cooperative? Negotiators in Wisconsin, Dispute Resolution Magazine (Winter 2009), which summarizes the results of his empirical study of Wisconsin Cooperative lawyers...

Fatigue

Posted on February 19, 2009
A nice reminder for seasoned mediators over at First Mediation's blog today - on a topic we don't talk about much (except perhaps at Timed Out and Mediator Burn Out).[click on the title of this post to read more...]

A Perfect Storm is Gathering

Posted on February 18, 2009
"A Perfect Storm is gathering, comprising the effects of severe economic downturn, the alacrity with which corporate law departments seek greater transparency and outcome certainty, and new tools in the field of information and communication technology...

New book from Bernie Mayer

Posted on February 18, 2009
Take a peek inside Bernie Mayer's brand new book with this free chapter."Staying with Conflict offers a new paradigm for dealing with long-term disputes: When dealing with enduring conflict, move past the idea of how quickly you can resolve the conflict and instead focus on how you can help people prepare to engage with an issue over time...

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