I have always believed that any problem created by a human being could be solved by a human being. As I get older I realize this might be an article of faith rather a report of experience — war, for example, is a problem that is too easy to create and too difficult to solve. Still, I start each mediation with the confidence that the problem in front of me is one that the people in the room can fix. Except…. Read more »
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. Read more »
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 document (reproduced at the foot of this post) that seems to promise an entirely new day in Chinese commercial mediation. Read more »