Tag: resolving disputes

Some Reflections on a New-ish Experience

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I recently conduced a mediation in the Middle East. It was a large commercial dispute. My learning from a rather new experience is this: •One needs to understand the local nuances •Being able to show awareness of …

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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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Medical Claims – need for a better way?

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An interesting new Study of Medical Negligence Claiming in Scotland was recently published (http://www.scotland.gov.uk/Resource/0039/00394437.pdf). Its main findings included:   Patient grievances appear to involve an often complex and overlapping mix of concerns about communication breakdown, poor staff …

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The value of mediation training

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Over the 10 years we have been offering mediation training, we have seen solicitors from nearly all of the larger firms in Scotland participate -- often because being able to offer clients an understanding of how …

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Are mediators merely dealmakers?

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Is it the job of the mediator to ensure that the parties do a deal? Is that implicit (if not explicit) in our contract with them? At a recent meeting of senior mediators, some took …

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