Why Your Diet Plan is Like Legal Training Ever tried a diet plan that promised to turn you into a Greek god but left you looking more like a potato? That's because if you don’t know your body type or understand the psychological warfare your cravings wage, simply following a diet plan is like trying to teach a cat to fetch. Spoiler: it won’t happen. Legal Training: The Same Recipe for Disaster Now, let’s talk about legal training. Following a generic training program is like

In today’s fast-paced world, staying ahead in your career requires more than just hard work. It demands continuous career learning and...

Understanding the Role of a Mediator A mediator's work can begin long before the parties enter the room. A proactive pre-mediation session, whether through a phone call or a short document, can dramatically increase the chances of success. The first goal is managing expectations. Explain to the parties (and their lawyers) that mediation is a process of negotiation and compromise, not a trial where a judge will declare a winner. Clarify your role as an impartial facilitator, n

Mediator Neutrality in Power Imbalance Situations: Ensuring Fairness in Dispute Resolution =========================================================================================== Mediator impartiality is fundamental, but what happens when there's a significant power imbalance between the parties? One party may have legal representation while the other does not, or one may be far more sophisticated in business matters. In these cases, strict impartiality can feel like an i

The Importance of Confidentiality in Mediation Confidentiality is the cornerstone of mediation, but its application isn't always black and white. While the principle is simple—what is said in mediation, stays in mediation—mediators must be aware of the nuances and potential exceptions. The primary source of the duty is the mediation agreement signed by the parties. This contract should explicitly state that all communications, whether oral or written, are confidential and can

The mediation is not over until a binding settlement agreement is signed. A poorly drafted agreement can lead to future disputes, undoing...

Joint sessions promote transparency, and if propery used could save time and make real progress. Caucus, or private meeting, is often...

Every mediator dreads the moment when parties declare they are at a "dead end" or "wasting time". While it is tempting to offer a...

The mediator's opening statement is your first, best chance to establish control, build trust, and set a constructive tone. Too often,...

As part of our commitment to fostering excellence within the Hong Kong mediation community, ICLT is pleased to offer this collection of...