Key Learning Points from Recent Mediations

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"What's been going on in recent mediations", asked a colleague. "Any highlights?" The trouble with doing anything on a regular basis is that you can omit to reflect on the learning from each occasion. So, for me, …

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A Dispute Resolution Clause

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Recently, we had cause to specify a form of mediation clause for a public sector contract. Here is a revised version of what we agreed. What do readers think?   “Dispute Resolution   22.1.1     The parties must attempt in good …

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Mediation in Commercial Disputes

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Take an example of creative problem-solving: there are two parties with claims and counter claims in a court action. They have a common problem: a major facility needs fixed. Further up the chain, it does …

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Disclosing who is Present at Mediation

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In a recent mediation, we had to discuss whether the presence of insurers should be disclosed to the other party. I offered these views: "As you know, my initial view was that your proposal would be …

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IP Mediation

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The Intellectual Property Office has called for observations on the relatively low use of its mediation service for IP cases. It is keen to understand the reasons for this and what more can be done …

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‘Win-win’ Solutions in IP disputes

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This week I had the opportunity to participate in an event organised by the Licensing Executives Society. We were discussing finding "win-win" solutions in IP disputes. It was fascinating to explore the possibilities in patent …

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