Avoid Litigation at All Costs

I once had the privilege of watching one of the UK’s top mediators in action. The issues were all about a sizeable but largely derelict ship sold by A to B, with a view to B stripping it down and converting it into a  luxury cruiser for a passing Asian billionaire. B duly paid A his deposit of $500,000 or so.. However, to B’s consternation the ship was even more derelict than B had believed, and would not sail to … Continue to full article…

Avoiding Disputes:  Non-Mediated Solutions

It’s not unusual for ‘creatives’ to be more interested in the challenge at hand than in the detail of contractual arrangements or changes to these arrangements required during the design process. I sat on the committee re-drafting the joint BIID/RIBA Interiors contract due to printed by RIBA Publishing later this year. I assure all interior designers reading this that it’s straightforward, and easy to use and update. Occasionally, however, the pace of developmental changes in the course of a project … Continue to full article…

Mediation: Positive Approach, Positive Outcome

I recently visited the United States where Middle East negotiation remains a leading news item. My sympathy goes out to US Secretary of State John Kerry as he attempts to steer a course toward a workable resolution in this historic battleground. The difficulty in this case is that the Mediator appears to want settlement more than the parties. Successful mediation depends on the desire of both parties to really seek a resolution, and a willingness to compromise to achieve this. … Continue to full article…