A recent post noted that Wang Cheng Jie, Secretary General of the Mediation Centers of the China Center for Promotion of International Trade, delivered an insightful and provocative presentation at the World Mediation Forum in Athens on March 12. Mr. Wang has kindly given permission for his remarks to appear on...
Tag Archives: Mediation
The 15th meeting of the UIA World Forum of Mediation Centers was held March 11-12 in Athens. About 130 people attended, many of them Greek attorneys, by far the largest assembly in this group's history. The meeting took place about a month after the enactment in Greece of a mediation law...
For many years, the New Jersey Court Rules have empowered certain judges to issue Orders of Referral to Mediation. Administered by the state's Administrative Office of the Courts, the New Jersey mediation program was way ahead of its time and has prompted tens of thousands of civil mediations. The program is about...
Recently this blog featured a post about a mediated settlement agreement that was enforced because it was memorialized in a written document containing the agreement's essential terms. Here we have the obverse: A case that was decided in the same month -- July 2010 -- in which a mediated settlement agreement was held unenforceable...
We are all too familiar with settling parties who seek to relieve themselves of their settlement agreements. The Fifth District Court of Appeals in Dallas recently reversed a trial court that had permitted such a party to obtain testimony of opposing counsel's communications during the mediation that led to the...
The International Bar Association has published this month an "e-book" on Mediation Techniques, edited by Patricia Barclay and including practical and pointed insights for professionals and end-users alike....
Hans Peter Frick, General Counsel of Nestlé, once offered this guidance for business mediators: You can either make what you think is a good candy bar and convince people that they "ought to" buy it, or you could go out and ask people what kind of candy bar they want, and...