The tracker mortgage scandal filled broadcast, social and print media in Ireland for weeks and, in terms of its impact on citizens and financial cost to the State and/or state-sponsored entities, maybe second only to the Hep C / HIV contaminated blood products scandal. Opposition Front Bench TD Michael McGrath has suggested that the ultimate […]
“When you go will you send back, A letter from America?” The title lyrics to the hit Proclaimers song captures how my career and work in Europe and the UK has drawn on experience and lessons from the USA; something I reflected on recently while in Boston. With 2017 marking the bicentennial of Harvard Law […]
I have had lawyers say to me: “We don’t need to mediate; we know how to negotiate.” This seems like a more extreme version of “We can settle cases ourselves at Joint Settlement Meeting (JSM) and mediation doesn’t add anything.” It misses a major option for negotiators. Increasing the options Some cases can be resolved […]
For three days in mid-June this year, CEDR partnered with the International Centre for Settlement of Investment Disputes (ICSID), International Mediation Institute (IMI) and the International Energy Charter, to conduct the first Investor State (IS) mediator training at the World Bank in Washington, D.C. Whether a Windfarm in Chile or a Hydroelectric Plant in Indonesia, […]
If it is true that (in Europe) all roads lead to Rome then might it also be true that in commercial mediation all Mediators ‘lead’ to Settlement? Frivolity aside, the idea of a mediator ‘leading’ parties to a settlement might be unsettlingly too directive in style for many. However, the mediator in reality does guide […]
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