This is the third and final installment in the series on the topic of how arbitrations can be made more cost effective and efficient. The previous two articles considered strategies that could be deployed at the time the arbitration clause is negotiated and inserted in an agreement and strategies at the time the arbitration dispute arises.Continue reading “Strategies during the Arbitration”
Strategies at the time the arbitration clause is negotiated
Perhaps the most important stage of the process to try to ensure the efficiency and cost effectiveness of an arbitration occurs when an arbitration clause is negotiated. Too often one sees an arbitration clause that merely refers the matter to arbitration in accordance with Commercial Arbitration Act [in B.C. now called the Arbitration Act]. ThatContinue reading “Strategies at the time the arbitration clause is negotiated”
Role of an Effective Mediator – Separating Positions from Interests
Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program An effective Mediator knows that often the parties’ bargaining positions are not reflective of what truly stands behind their positions. While on the surface it may seem that the issue is simply dollars and cents, the fact is that their positions areContinue reading “Role of an Effective Mediator – Separating Positions from Interests”
The Mediator as Transmitter and Translator of Information
Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program As mentioned in my earlier post The Mediator as a Facilitator, one of the challenges in mediation is how to deal with the breakdown in communication and trust between the parties. As is often the case, they may not have spoken sinceContinue reading “The Mediator as Transmitter and Translator of Information”
Role of an Effective Mediator – The Mediator as a Facilitator
Herb Silber is a graduate of the Harvard School of Negotiation Mediation Program As an effective mediator, one needs to be able to facilitate the dialogue between the parties. This may be the only time the parties have faced each other since the dispute arose. Thus, the effective mediator must try to keep theContinue reading “Role of an Effective Mediator – The Mediator as a Facilitator”