Taking The Third Way In Deal Making
Aina Blankson LP Anyone who saw the 2010 Wimbledon match between Nicholas Mahut and John Isner would appreciate my feelings as I watched an almost endless play of wits during a recent energy deal in...
View ArticleThe mediation export explosion and the ‘hidden’ drive towards harmonisation
International Institute for Conflict Engagement and Resolution As I write these lines, I am working on a commercial mediation project in the Pacific nation of Samoa – yes the one that has just jumped...
View ArticleTwo Toronto Mediations
Weiler ADR Inc. “Thank God for the last minute; otherwise nothing would ever happen.” This old saying rolls through my mind as I sit to type this on my iPad in the departures lounge at Toronto’s Billy...
View Article“Real Mediation” Rant
Weiler ADR Inc. I’ve been working in this field for more than 20 years and one thing that I’ve observed with genuine curiosity over that time is the sniping from various quarters that what I (and...
View ArticleDurability of Mediated Settlements and More
Weiler ADR Inc. In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last month to one that didn’t proceed quite so...
View ArticlePatience
Weiler ADR Inc. “They also serve, who only exchange offers.” A recent mediation experience serves to reinforce the value of patience in mediation – for the parties and for the mediator. The tort...
View ArticleNortel Saga Continues
Weiler ADR Inc. Faithful readers will recall my posts here and here mentioning the failed mediation relating to the international effort to reach an agreement on the distribution of some $9 Billion in...
View ArticleLying and Mediation
Weiler ADR Inc. Its interesting to me that when you Google “lying” and “mediation” you are redirected to “lying” (as in lying down) and “meditation”. Recently my attention was drawn back to the old...
View ArticleEffective Mediation Advocacy
Weiler ADR Inc. What constitutes effective mediation advocacy? Litigation lawyers in an ever-increasing number of jurisdictions around the world understand that mediation is becoming or has become the...
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Skiing the Moguls in Mediation
Weiler ADR Inc. Many years ago I was an avid downhill skier. Nothing took my mind off the pressures of practice like a sun-filled cobalt blue morning sky and a virgin white blanket of new fallen snow...
View ArticleMediation Prey
Weiler ADR Inc. I’ve got to admit that the John Sandford “Prey” crime novels, featuring the complex detective Lucas Davenport, are a guilty pleasure of mine, both in text and particularly audiobook...
View ArticleMediator’s Proposals? A Story…
Core Solutions Group I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy...
View ArticleMediation Mastery
Core Solutions Group I was all set to write about climate change and, more particularly, to reflect on some excellent writing on that subject which addresses so-called climate change sceptics or...
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Olympian Mediation?
John SturrockThe Olympics have come and gone with all of the emotion and inspiration they bring. In our recent, fully-subscribed, residential Summer School on mediation skills for leaders, we reflected...
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Deal Facilitators Can Help Transform The Brexit Negotiations
Michael LeathesDays after June’s UK Brexit Referendum, US Secretary of State John Kerry advised that: It is absolutely essential that we stay focused on how, in this transitional period, nobody looses...
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Brexit Bumps
Anna Howard (Associate Editor)The decision today of the UK High Court, that the government cannot trigger Article 50 of the Lisbon Treaty and begin formal exit negotiations with the EU without approval...
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Whither (Wither) Mediation?
Rick Weiler Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario...
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Mediation in the High-context Society of India – an Interview with AJ Jawad
Mr. Jawad has been a mediator since 2007 and a passionate promoter of mediation in India from its earliest days. Jawad works as a mediator and trainer with the Mediation and Conciliation Project...
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The Ludic Fallacy
I teach an online course for lawyers to help them become more comfortable working with numbers. We spend quite a lot of time on litigation forecasting: assigning probabilities to different outcomes,...
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What happened when I asked a robot to provide some mediation advice. OpenAI’s...
Most people’s experience of artificial intelligence (AI) is limited to interacting with a chat bot on their bank’s website. These bots are unimpressive, dispensing trivial and mostly unhelpful answers....
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