NOTE: The following text will appear as a chapter in a mediator skills volume to be published soon by the International Bar Association, edited by mediator Patricia Barclay of Bonaccord Ecosse Limited, in Edinburgh, Scotland. Reality testing is the technique of inviting a party to adjust his perceptions of the claim. ...
Tag Archives: Mediation
While working for a company, a guy opens up a competing business and lures away customers. He is sued by his employer for fraud and breach of fiduciary duty. Prior to trial he participates in a mediation, that is unsuccessful. At trial he loses and is found liable for $364,000 in...
My class in International Commercial Dispute Resolution at New York Law School is now finished, and each student was required to prepare a paper on a related topic of their choice. All were good, happily, and some students wrote on topics that readers of this blog may find useful. With their...
This final post from the Madrid IBA Conference concerns a panel of corporate users who were asked whether subject-matter competence was an important factor in selection of a mediator....
A panel of eight speakers at the Madrid IBA Conference spoke on "Projects, Practices and Policies: Developments from the World of Mediation." This is the first of a two-part report on the presentations offered....
John Richardson, that worthy and thoughtful New York mediator, has brought to our attention a decision by Hon. Mr. Justice Ramsey of the Royal Courts of Justice in England that seems to render unenforceable the commonplace contractual provisions immunizing mediators from testifying as to the conduct of the mediation....
On July 24, 2009, the Chinese Supreme People's Court issued Several Opinions on Establishing and Improving of a Dispute Resolution System and the Linking of Litigation and Alternative Dispute Resolution Mechanism. Thanks to Andrew Aglionby and his stalwart crew at Baker & McKenzie's China office, we have a translation of this...