“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 […]
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 […]
In the past year, the use of technology in Alternative Dispute Resolution processes has been widely discussed: the spread of communication technology, the introduction of Regulation from the European Union concerning Online Dispute Resolution for consumer disputes, and the Briggs Report discussing potential Online Courts are only a few examples of it. Modern tools are […]
Today there are more businesses than ever using mediation to resolve their disputes. The mediation market is constantly growing – CEDR’s seventh Mediation Audit of the UK market just published showed that there are now over 10,000 mediations taking place annually (excluding small claims run through schemes) in England and Wales – an increase of […]
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