Tag: Tips and Techniques

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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Key people of influence?

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I commend the book Key Person of Influence by Daniel Priestley. It is one of those books the title of which might seem off-putting, but which captures well the phenomenal changes in the world of …

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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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Negotiating Beyond Boundaries

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I had the good fortune to attend an inspiring talk by Israeli negotiator, Moty Cristal, at the ABA dispute resolution conference in Washington. A veteran of many of the toughest negotiations in the Middle East, …

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Game Theory

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I have recently been studying Game Theory but only superficially (see Game Theory and the Humanities (Brams) and Super Cooperators (Nowak, a brilliant book). My son, David is studying the real thing at the moment at …

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