Prepare: So as the clock begins to tick down towards Brexit in 2019 there will also be a looming deadline of changing business relationships – notably those dependent on ongoing cross-border contracts with Europe as well as with those organisations that receive EU funding. Whilst we would all hope that any relationships that need to […]
Many a mediation does not lead to settlement. But was the mediation a failure and if so, why; and did the mediator do a good job? Settlement rates from mediation show that most disputes settle at or soon after the mediation, over 70%. What of those that do not settle? The mediator, the parties or […]
A commentary by Dr Karl Mackie CBE in February 2017 on the sixty-sixth session of the United Nations Commission on International Trade Law (UNCITRAL) Working Group II (Dispute Settlement) at the United Nations Headquarters, New York, which continues its discussions over a possible instrument on enforcement of international settlement agreements resulting from mediation. Both the […]
By Liz Rivers, Women’s Leadership Coach, Mediator and CEDR Faculty Member Part of embracing power is knowing how and when to take risks. Too cautious and nothing changes, too reckless and disaster can ensue. Women typically are more risk-averse than men, and often get marked down in the leadership stakes as a result. Yet we […]
Still too often, organisational conflict looks like “business as usual”. From differences between colleagues to boardroom fallouts, teams that should collaborate sometimes turn into “intense corporate warzones” as Fiona Colquhoun, CEDR Director and mediator defined it at yesterday’s workshop on Organisational Mediation. Chaired by Fiona Colquhoun, five experts – Emilie Cole, Partner at Bindmans; Scott Maynard, […]
What to do when a disputant can’t make a deal or ‘face up’ to reality The landmark negotiation book ‘Getting to Yes” (by Roger Fisher and William Ury) talks about the importance of separating the person from the problem. This is of course a nice idea, but the reality for most of us is that […]
Many contracts contain stepped dispute resolution clauses, requiring the parties to negotiate in advance of any mediation. These discussions are often a missed opportunity. Even worse, they may aggravate disputes Although many business people have great experience in negotiation, dialogue to settle disputes presents unique challenges. It is very different to, say, negotiating the terms […]
IMAGINE you want to negotiate and you have no clue about what, with whom and where and when to start… IMAGINE you want to negotiate and you have no seat at the table… IMAGINE you want to negotiate and the parameters, rules and goal posts are constantly changing… We could continue this daunting list and […]
In preparing for the National Student Negotiation Competition for England and Wales, we interviewed Nina Kelley former student at the University of Law, Bloomsbury and qualified barrister, winner of last year’s competition with her negotiation partner Juliet Mullany about her experiences at the International Final, held this year in Lucerne, Switzerland. How did you find […]
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