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Corporate Mediation Journal

About this journal  

We are temporarily suspending the printing of journal issues, due to the measures taken to combat the Coronavirus (COVID-19). When delivery becomes available again, we will resume the printing and sending of the journal issues previously missed. All articles of each new journal issue will be made available digitally via this online journal platform. In addition, we will include a link to the PDF of the full issue. Subscribe to the email alerts for this journal here to receive notifications when a new issue is at your disposal.

Issue 1-2, 2019 Expand all abstracts
Editorial

Mediation in a Multistep Process

Authors Bas van Zelst

Bas van Zelst
Article

Psychology of Conflict

Why Do People Fight First and Then Settle?

Keywords conflict, mediation, psychology
Authors Martin Brink
AbstractAuthor's information

    In many cases much harm and sorrow is caused first before people sit down and settle. Why not settle without fighting first?


Martin Brink
Martin Brink is Editor in Chief of this Corporate Mediation Journal
Article

Why Do People Fight First and Then Settle? A reaction

Reflective Practice: Another Way of Seeing Things

Authors Anna Walsh Doyle
Author's information

Anna Walsh Doyle
Independent Mediator.
Article

Notes from the United States on Diversity in ADR (Opinion)

Keywords mediation, dispute resolution, diversity, United States
Authors Judith Meyer
AbstractAuthor's information

    Often being ‘the only woman in the room’, in this opinion Judith Meyer describes her concern about the underrepresentation of women, persons with disabilities, diverse neutrals and other minorities as professionals in alternative dispute resolution.


Judith Meyer
Judith Meyer is mediator and arbitrator in Haverford, Pennsylvania and an adjunct professor of negotiation and mediation at Cornell Law School.
Article

The enforcement of mediation agreements and settlement agreements resulting from mediation

Keywords mediation, conciliation, mediation agreement, settlement agreement, Singapore Convention
Authors Niek Peters
AbstractAuthor's information

    Abstract: In this publication the author discusses first whether mediation agreements qualify as irrevocable agreements or whether the parties are free to disregard a mediation agreement when a dispute arises. Secondly, the author discusses whether, and if yes under what conditions, settlement agreements resulting from mediation can be enforced. In this respect, the Singapore Convention on International Settlement Agreements resulting from Mediation is also addressed.


Niek Peters
Niek Peters is partner of Simmons & Simmons, LLP, and professor of international commercial arbitration at the University of Groningen.
Article

The Singapore Convention

Authors Laurence Katz
Author's information

Laurence Katz
Partner at gunnercooke llp in London, United Kingdom.
Article

Access_open Rereading Fisher & Ury

Identifying the Advantages of Mediation in the Specific Setting of a Competition Law Dispute

Keywords modern mediation, principled negotiations, competition law
Authors Pierre Kirch
AbstractAuthor's information

    To analyse the advantages of mediation as a means of resolution of private competition disputes, it is helpful to look backwards to the underlying principles upon which modern mediation has been built. The principles that now guide leading mediation institutions in Europe are still based on the foundation that was laid by the methods of principles negotiations, written down in Getting to Yes: Negotiating Agreement without Giving In, by Fisher and Ury.


Pierre Kirch
Avocat à la Cour (Paris & Brussels Bars), Partner, Paul Hastings (Europe) LLP, mediator certified by the Centre de Médiation et d’Arbitrage de Paris (CMAP, Paris) and the Center for Effective Dispute Resolution (CEDR, London).
Article

Mediation Stories

Authors Louis B. Buchman
Author's information

Louis B. Buchman
Louis B. Buchman is an attorney at law, admitted to the Bar in Paris and in New York, arbitrator and mediator at Paris, France.

Claire Mulder LL.M
LL.M, business mediator, location Geneva, Switzerland.