26 results
8 Sep 2021 15:12
Greening of MediationClimate change has hit the headlines in the UK and Europe this summer, not to mention other parts of the world, because of the serious number of deaths caused by flooding, fires, heatwaves, and the exceptional rise in sea levels. As the political leaders and legislatures in the EU and the UK address more...
10 Aug 2021 14:49
GTDT Mediation 2021 – IntroductionHistory As I write this year’s Introduction, part of the world is still in lockdown due to covid-19 and that gives rise to certain special considerations, which will be discussed below. Mediation is the most popular of a range of dispute resolution methods covered by the acronym ‘ADR’: alternative more...
5 Jul 2021 14:38
Preparing for mediationThe advantages of mediation over litigation are many, including the chance to solve a dispute quickly, greatly reduced costs and the opportunity to salvage a profitable business relationship. To make the most of mediation, it is a good idea to prepare in advance. This includes clearly identifying more...
14 Jun 2021 15:45
Using mediation to resolve cross-border disputesFollowing Brexit, London arbitration awards remain subject to recognition and enforcement under the New York Convention abroad, but English court judgments are less straightforward to deal with. While enforcement remains possible under the 2005 Hague Convention, this does not apply to asymmetric more...
20 May 2021 12:30
London International Disputes WeekLIDW (London International Disputes Week) 2021 – we have just completed a stimulating week of morning to evening sessions on a diverse range of topics of greatest interest to all of us engaged in dispute resolution. Thus and to mention just some of the fascinating sessions I participated in: – more...
11 May 2021 11:45
How to get the best from a remote mediationMost cases suitable for mediation can be mediated remotely. Below are some tips to help you and your clients to get the most from remote mediation: 1. If not already familiar with the wider benefits of mediation, consider devoting some Continuing Professional Development (CPD) hours to improving more...
13 Apr 2021 10:46
Using mediation to resolve disputes arising from major incidentsThe “Ever Given” blocking the Suez Canal for almost a week, leading to delays for over 400 vessels and rerouting for some, has brought shipping and international trade into the news spotlight. The old-fashioned system of holding substantial inventory stock, which was seen as more capital intensive, more...
6 Apr 2021 10:36
Using mediation to resolve high-stakes disputesTiming can be everything with market conditions, particularly when moving from the spot to the period charter trade, to protect your revenue and lock in a good rate when the spot trade may tank. SK Shipping timed that move well with four of its very large crude carrier tankers, when fixing all of more...
23 Feb 2021 16:10
Using mediation to resolve complex but modest valued disputesWith market conditions having substantially impacted revenue, expenses and profitability, it is often the case that parties feel a need to try to recover every dollar possible. This is despite the fact that the amount of money that may be involved in a dispute, in relative terms, is quite modest more...
22 Feb 2021 10:45
Using mediation to renegotiate a contractA mediator does not usually become involved until there is a dispute, often with the threat of litigation on the horizon. However, as businesses face the fact that some contracts simply cannot be performed in a difficult economic environment, mediation is being used more and more to help parties more...
4 Feb 2021 16:52
New online dispute resolution discussion group for maritime transport and trade professionalsA new discussion group has been set up on the networking platform for shipping, transport, trade, legal and insurance professionals known as FOB. The group will look at all aspects of dispute resolution and will be moderated by award-winning mediator, arbitrator and founder of Lux Mediation, more...
15 Jun 2020 08:29
EU Law and MediationEU law impacts in two main ways on Mediation. First, initial steps have been taken by the EU legislature to ensure cross-border mediation, amongst other forms of ADR, is available subject to a framework of common principles, generally, and in particular to consumers, including online. Second, more...
11 Nov 2019 14:06
GTDT Mediation – IntroductionHistory Mediation is the most popular of a range of dispute resolution methods covered by the acronym ‘ADR’: alternative dispute resolution. The terminology here can be somewhat confused. Some say that ADR stands for ‘alternative dispute resolution’ (ie, an alternative to traditional litigation and more...
15 Oct 2019 12:13
Renault F1 Driver Lawsuit Could Fuel Copycat Claims, Say ExpertsDaniel Ricciardo is renowned for his smile and has managed to keep it up despite facing troubles on and off the track. Legal experts have warned that Formula One drivers could face an increased risk of being sued by disgruntled former managers seeking a share of their high-octane earnings after more...
7 Oct 2019 14:38
Mediation set to increase internationally and at homeWith the United Nations Commission on International Trade Law (UNCITRAL)’s Singapore Mediation Convention being signed by 46 countries already and the Civil Justice Council’s working group recommending strategies to increase the use of alternative dispute resolution (ADR), mediation is likely to be more...
10 Sep 2019 14:18
How To Choose A Mediator?The increasing recognition that mediation has significant advantages over other dispute resolution options, inevitably leads to an increase in demand for mediators. In alignment with economic principles an increase in demand results in a supply increase and the opportunity to choose the appropriate more...
15 Aug 2019 10:35
European Commission demonstrates continuing commitment to mediation“Mediation is primarily a state of mind. It is a way of thinking and behaving differently, with a humanistic regard towards a dispute. Disputes are a regular occurrence of life, and may have good or bad consequences depending on how they are dealt with.” In 2006, the European Commission for the more...
13 Aug 2019 09:52
Should England and Wales have a formal mediation bill?A draft proposal for a mediation bill has been lodged with the Scottish Parliament for consultation. The Mediation (Scotland) Bill, proposed by Margaret Mitchell, MSP for Central Scotland, seeks to increase the use and consistency of mediation in Scotland. The draft looks at some of the pros and more...
17 Jul 2019 14:02
When to Mediate?One of the main selling points of mediation is that it is cost effective, others include; confidentiality; discretionary; the parties control the outcome; quickness of process; opportunities to preserve ongoing relationships and the resolution can include wider interests. Ultimately mediation more...
15 Jul 2019 15:20
Litigation/Arbitration/MediationLitigation is heavy duty and, according to at least one High Court Judge, arbitration is ’unwigged’ court proceedings: similar in terms of time and cost but the arbitrator doesn’t wear a wig (although some undoubtedly should!). What then with mediation: the 80:20 rule applies. It has the potential more...
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