GPC Voting Trends: Strong Preferences For Prevention And Non-adjudicative Processes

photo-1451187580459-43490279c0faThe publication of two recent Summaries of GPC voting patterns through the end of 2016 gives us the data to venture some preliminary observations about trends for the future of dispute resolution. Continue reading

Evaluating Arbitrators: You Be The Judge

thumb valuation icons on cement conceptIn 2007/8, I set up a now long-since defunct website (disputesloop.com) with the lofty aim of introducing some transparency into the appointment process of ADR neutrals. At its core, the site offered a battery of neutrals’ CVs supplemented with free-form written feedback from users. Continue reading

Are hostile mediators more effective?

whistle of a refereeNew research by Francesca Gino and Ting Zhang of Columbia Business School, along with Mike Norton of Harvard Business School, suggests that the most effective mediation style might be being partial against both parties.

The academics suggest that, contrary to the received wisdom that mediators should be neutral, attentive and empathetic, an actively hostile mediator is more likely to get a good result. They discovered that a mediator’s antagonistic and hostile treatment of both parties causes adversaries to unite against the mediator, which in turn increases the parties’ willingness and propensity to reach agreement. Continue reading

When arbitration is used and why

photo-1431540015161-0bf868a2d407-1In almost all instances, arbitration must be contemplated at the contract drafting stage. Parties may, of course, agree to take a dispute to arbitration at any stage, but once a dispute has broken out, positions become polarised, and agreement is accordingly less likely.

The reasons for preferring arbitration clauses to the more usual reference to the courts – in a commercial context – boil down to the so-called “three Es”: expedition, expertise and enforcement. Continue reading

An Introduction To Construction Disputes

constructionMany factors contribute to construction disputes, especially if the property is based abroad. Most projects take a long time to complete, leading to uncertainties and delays that can result in disagreements. The following factors typically create international construction disputes. Continue reading

‘Linking Your Thinking’ To Satisfy Your Clients

Небесные струныDo you want to make sure that your commercial clients are happy with the dispute resolution services you are providing? Are you committed to tailoring your business to meet their needs? Irrespective of whether your clients are ‘dispute-savvy’ or still finding their way into the world of commercial dispute resolution, there are things that you can do to make sure you meet their expectations.

The Global Pound Conference is travelling around the world asking commercial users, judges, mediators, lawyers, academics and government officials to share everything they know about the best ways to meet the expectations of commercial clients. After analysing the feedback from the first 350 respondents, we have identified three steps that can help you meet the expectations of your commercial clients. Continue reading

The mediation process: when and why it is used

A photo by Steve Halama. unsplash.com/photos/NPKk_3ZK2DY

Mediation can be successfully deployed at any point in the timeline of a dispute – either before proceedings are issued, afterwards, up to, and even during trial. It is, after all, a facilitated negotiation and represents an opportunity to settle early, reducing stress, acrimony and legal costs.

Defining mediation is arguably a futile task: in the same way we accept that ‘beauty is in the eye of the beholder’, mediation is whatever users can imagine and can agree it to be. Thus, there are many different approaches, which vary widely according to users’ needs and the demands and timing of the case. Continue reading