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Six things I'd Change About Mediation Print E-mail
Editor's Blog
Wednesday, 07 October 2009 09:19

From a talk by Matthew Rushton for the Standing Conference of Mediation Advocates 

Norton Rose

16 September 2009 

 

First, thank you for inviting me to be here this evening. 


Let me kick off with a little background. As you'll gather from the title of my talk this evening - Six Things I'd Change if I Could - I believe that if mediation is to thrive, then change is necessary. I don't expect what I'm about to say will make me popular, so before I'm chased from the room under a hail of biros and Blackberrys, let me at least offer some background as to how I came by these views.

The first thing you need to know is that I am basically a journalist. So if you find me unbearably sanctimonious, sensationalist, and hypocritical, please understand that I'm only maintaining the best traditions of my profession.
 
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Lehman derivative disputes must be mediated-NY court Print E-mail
Editor's Blog
Thursday, 27 August 2009 11:15

NEW YORK, Aug 26 (Reuters) - A New York bankruptcy court on Wednesday ordered that banks and other firms involved in disputes over the value of derivatives held with Lehman Brothers enter into compulsory mediation in an effort to reduce the number of disagreements brought before the court.

Lehman's (LEHMQ.PK) creditors committee is seeking payments on derivatives it believes it is owed money on, and has sought to begin mediation as an initial means of resolving any differences between the investment bank and its counterparties over the value of the contracts.

Derivatives take their value from underlying assets, which can include debt, equity or commodities. The contracts can be used to hedge or bet on changes in the underlying assets.

Lehman said it has around 900,000 derivative transactions with hundreds of firms, and that many of the contracts that have the potential for recovery in favor of Lehman are in dispute, or are expected to be.

Judge James Peck of the U.S. Bankruptcy Court for the Southern District of New York agreed that mediation should be implemented in order to reduce the number of cases before the court.

Peck also ruled, however, that more time should be spent refining the dispute resolution procedures after around 50 of Lehman's trade counterparties lodged various objections to the resolution proposals.

Lawyers representing Lehman's creditors argued that similar procedures were successful in closing out derivatives held with failed energy trading firm Enron Corp when the company went bankrupt in 2001, and yielded $600 million for creditors. (Reporting by Karen Brettell; Editing by Gary Crosse)

 
A Personal Injury Mediation Seen from Three Sides Print E-mail
Editor's Blog
Thursday, 07 May 2009 08:35
In setting up this magazine, one of my ambitions was to make public some of the extraordinary work going on behind closed doors. Nowhere have I seen this done better than in Mike McIlwrath's latest podcast - available here

The podcast concerns a personal injury claim mediated by CEDR's Tony Allen. Commenting during the podcast, Allen says, "I'm really pleased to find a case that so vividly illustrates that employers and employees can speak to each other - notwithstanding an appalling injury; that one can keep the other hired and very positively benefit from the continued contribution of that employee to the business." He concludes, "This is a real exemplar of a genuinely valuable outcome that the court couldn't have ordered."
  
 
Government ADR Pledge Saves £26.3m Print E-mail
Editor's Blog
Friday, 24 April 2009 08:35

Year-on-year results show show that the UK government is using ADR more frequently and with greater success. Over the reporting period 2007/08, the government used ADR in 374 cases, of which 271 settled. Estimated costs savings as a result are £26.3 million.

This compares with 311 cases in 2006/07 with settlement rates rising this year from 68% to 72%. 

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CVs at the ready...your country needs you Print E-mail
Editor's Blog
Thursday, 02 April 2009 14:15
From the FT:
 
Darling urged to appoint banking mediator
 
By Brian Groom, Business and Employment Editor
Published: March 31 2009 04:20 | Last updated: March 31 2009 04:20
 
Alistair Darling is being urged to create a “corporate mediator” to resolve tensions between banks and their business customers. 
 
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