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....
A sobering -- even frightening -- panel at the IBA's Vancouver conference addressed negotiation in volatile, politically charged and dangerous circumstances -- pushing the boundaries of mediation past the purely commercial, into a world where lives may depend on the skill and success of the negotiator or mediator. Maritime pirates off...
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...
My mentor at CPR Institute, former Olin General Counsel Peter Kaskell, once wrote an amusing article called something like "The 10 Worst Reasons Not to Mediate." I have to find it one day and rip it off as a post. But I myself had recent occasion to deal with one of...
The annual Conference of the International Bar Association in Vancouver presented several panels of unusual distinction and interest. This first report covers a group of speakers posing the questions: "What does it take to persuade? How does a lawyer cause an arbitrator, judge, businessperson or other lawyer, to willingly reach the...
Last year's IBA meeting in Madrid was an exciting time for those interested in dispute resolution around the world. The current issue of Mediation News, the newsletter of the IBA Legal Practice Division, contains an article by me summarizing several but by no means all of the insightful sessions. This...