Part II of this article addresses the question of how evaluative mediation may be used in practice. What guidelines are available to a mediator who considers crossing the line between facilitation and evaluation? |
Search result: 27 articles
The search results will be filtered on:Journal Corporate Mediation Journal x
Editorial |
The T-Shaped Mediator |
Journal | Corporate Mediation Journal, Issue 1 2022 |
Authors | Bas van Zelst |
Author's information |
Article |
|
Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | evaluative mediation, deployment, hybrids |
Authors | Martin Brink |
AbstractAuthor's information |
Article |
|
Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | international commercial mediation, Belt and Road Initiative, Singapore Convention, China, international dispute resolution |
Authors | Henneke Brink |
AbstractAuthor's information |
With unfaltering determination, China continues to expand its Belt and Road Initiative (BRI). This article focuses on the preference that is given to mediation for the resolution of BRI-related disputes. China, Hong Kong and Singapore proclaim that this approach better fits with ‘Asian’ cultural values than adversarial processes like arbitration and litigation. The BRI can be seen as an innovative field lab where mechanisms for international commercial conflict management and resolution are being developed and put to action - and where legitimacy is tested. |
Article |
|
Journal | Corporate Mediation Journal, Issue 1 2021 |
Keywords | core values, evaluative mediation, method |
Authors | Martin Brink |
AbstractAuthor's information |
The phenomenon of evaluative mediation has invited much debate among both scholars and mediators. At the heart of that debate is the question of a definition of mediation. Considering all prevailing schools of mediation, the conclusion was that doctrine will not be able to prevent that mediation will continue to occur in all kinds of shapes and forms. |
Book Review |
Negotiating International Commercial Contracts |
Journal | Corporate Mediation Journal, Issue 1 2021 |
Authors | Martin Brink |
Author's information |
Article |
What Roles Do Forgiveness and Reconciliation Play in Corporate Mediation?The Relevance of Forgiveness in The Work of Mediators in the Field of Corporate Mediation |
Journal | Corporate Mediation Journal, Issue 1 2021 |
Keywords | forgiveness, reconciliation, corporate mediation |
Authors | Klaartje Freeke |
AbstractAuthor's information |
The terms forgiveness and reconciliation are not the most frequently used words at the corporate mediation table. However, having been a conflict advisor and mediator for the last 17 years in both corporate and criminal cases, I know that the phenomena of forgiveness and reconciliation exist in all domains. Forgiveness can be found in everyday life, in small gestures and words. While researching this article, I spoke to three corporate mediators to find out what forgiveness and reconciliation look like in their fields of work, and it turns out that they might indeed be more present than one might think. |
Article |
Corporate Mediation and Company LawState of the Art, Recent Trends and New Opportunities |
Journal | Corporate Mediation Journal, Issue 1 2021 |
Keywords | corporate dispute, enforcement, mediation clause, stakeholders, sustainability, sustainable development |
Authors | Valentina Allotti |
AbstractAuthor's information |
This article describes the legal framework on corporate mediation in Italy with a particular focus on the effects of the mediation clauses included in company by-laws. The available data on the use of corporate mediation indicate that such clauses are not commonly used. There is still resistance among the parties in a dispute to engage in dialogue through mediation, not only where corporate disputes are concerned. The author suggests that one way to expand the use of mediation would be to promote the introduction of mediation clauses in the articles of association of companies. She also suggests that recent trends in company law, notably the emergence of sustainability issues, related to the impact of business activity on the environment and society, and more broadly on human rights, may create new opportunities for the use of mediation to prevent and solve corporate-related disputes. |
Article |
A Reflection on the Evolution of Corporate Culture and Conflict Resolution (Part I)The Resonance of Individual Conflict Resolution on the Collective Organisational Psyche |
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | mediation, evolution system, corporate culture, conflict resolution, power struggle |
Authors | Hilde Kroon and Marcel Baatsen |
AbstractAuthor's information |
In this article, a roadmap is proposed for both individual growth and eventual maturation of an organisation as regards how conflict is dealt with. Much can be achieved within organisations when the individuals who work there succeed in discovering and deploying their potential in order to deal with conflict in a mature manner. |
Article |
|
Journal | Corporate Mediation Journal, Issue 2 2020 |
Keywords | entrenched conflict, preparation, conflict identification, mediation model |
Authors | Sheila Gooderham |
AbstractAuthor's information |
In entrenched conflict cases, mediation participants display a contradictory approach. They fail to take responsibility for their part in mediation and do not engage constructively in negotiations, whilst asserting a justificatory narrative for their behaviour. Usually they blame the other disputant, make excuses based on extraneous factors or even assert that the mediator is to blame for the lack of progress in mediation. In many entrenched conflict cases, there is no genuine commitment to negotiation at all on the part of the entrenched disputant. They are simply keen to present their case with an expectation that everyone else will fall into line with their demands. When entrenched conflict manifests, mediation is often being used as a forum for psychological game playing. Entrenched disputants tend to have a ‘win at all costs’ perspective. In some entrenched cases, mediation is simply being used as a tactic, with a view to fighting the case in court. In such circumstances, the entrenched disputant may simply see mediation as a means of eliciting further information about their opponent’s case, so as to benefit the entrenched disputant in subsequent court proceedings. |
Article |
|
Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | cross-border mediation, crises, Covid-19 |
Authors | Pierre Kirch |
AbstractAuthor's information |
The purpose of this article is to share some practical reflections on cross-border mediation and its application to Private Competition Disputes in Europe, at this time of crisis. The outbreak of the COVID-19 pandemic has led to a rethinking of methods of dispute resolution, everywhere. In Europe, whether before the European Union courts in Luxembourg or the civil and commercial courts in the Member States, judicial procedures are at a standstill at the time of writing (mid-2020). Once the courts get going again, it will probably take years to get the judicial system back in good working order. It may be necessary to take shortcuts to get the system back in shape, such as cancellation of hearings, recourse to summary forms of justice, etc. That is not what the parties bargained for at the outset of their judicial procedure. |
Article |
Aviators Grounded by COVID-19 (But Mediators Are Ready to Fly) |
Journal | Corporate Mediation Journal, Issue 1 2020 |
Keywords | Fledgling mediators, Master Mediators, Ken Cloke, John Sturrock, Mediator’s Flight Plan |
Authors | Anna Doyle |
AbstractAuthor's information |
Fledgling mediators are nourished by the wisdom of Master Mediators, until they find their wings and take to the sky. This is a personal perspective, inspired by the author’s attendance at a Master Class given by Ken Cloke in Edinburgh in 2008 (organised by John Sturrock of Core). It echoes precious wisdom, skilfully imparted and gratefully received. The Mediator’s Flight Plan has happily kept the author’s feet ‘off the ground’ for the past 12 years and has inspired her to fly. She shares it now in the hope that it may also inspire other mediators to dare to soar. |
Editorial |
Mediation in a Multistep Process |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Authors | Bas van Zelst |
Article |
Mediation Stories |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Authors | Louis B. Buchman |
Author's information |
Article |
The Singapore Convention |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
Authors | Laurence Katz |
Author's information |
Article |
|
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
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. |
Article |
The enforcement of mediation agreements and settlement agreements resulting from mediation |
Journal | Corporate Mediation Journal, Issue 1-2 2019 |
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. |
Article |
What Is a Good Mediator? |
Journal | Corporate Mediation Journal, Issue 2 2018 |
Keywords | certification, mediation, mediator, MMMM-rule |
Authors | Thierry Garby |
AbstractAuthor's information |
When the time comes to select a mediator, the judge, the lawyers, the parties or the mediation centre will want to find a good one. This raises two questions: what is a good mediator and how to find one? |
Article |
A Definition of Mediation? |
Journal | Corporate Mediation Journal, Issue 2 2018 |
Authors | Martin Brink |
Author's information |
Article |
|
Journal | Corporate Mediation Journal, Issue 1 2018 |
Keywords | administrative instruments, business administration, corporate culture, corporate governance, long-term value creation |
Authors | Prof. Dr. Hans Strikwerda |
AbstractAuthor's information |
The Dutch Corporate Governance Code-2016 stipulates that the executive board is responsible for creating a culture serving long-term value creation. Because the DCGC is law for public firms with this stipulation, the concept of culture is moved from the realm of informal administrative instruments to that of formal instruments, subject to dispute in case the duty of care is questioned. This article explains the provenance of the concept of culture, its multiplicity of attributed meanings and roles, and its changing nature in the digital era. Also, the article explains that for long-term value creation, more and different measures are needed than culture, values, vision, strategy or codes of conducts. This raises the question of whether an executive board having publicly committed the firm to long-term value creation demonstrates a credible commitment by complying with the DCGC, respectively culture as a means only, and can exculpate itself doing so. The answer is: no. |