Search Results for “mediator”

Mediator, good to be an expert in the subject matter in dispute or not?

This post contains an interesting reflection on (i) whether it is enough for a mediator to be trained in the skills and techniques of mediation and then mediate any type of dispute or (ii) whether possession of subject matter expertise is of benefit to the parties. The author of the article, Martin Burns, clearly prefers the second option. We let you read this post and make or confirm your own opinion; you can even provide it as commentary below this post.

By Jan Bouckaert, 6 years10 August 2018 ago

FIDIC 2017 – Yellow Book – Sub-Clause 3.7.1 [Consultation to reach agreement]

As the first step in Sub-Clause 3.7 [Agreement or Determination], the Engineer – acting neutrally – shall consult with the Parties in an attempt to reach agreement (Sub-Clause 3.7.1). In this phase, the Engineers role is much like a mediator. Companies acting as Engineers under FIDIC contracts, should seriously consider […]

By Jan Bouckaert, 3 years10 January 2021 ago

Mediation in the Construction Industry

This article about mediation in the Construction Industry (applied also to the Middle East) has been kindly made available by Rafat Isweilih to the readers of this blog. Rafat Isweilih BSc. CE, MCIArb, RICS Accredited Mediator, Commercial & Contracts Manager Introduction Whilst the construction industry worldwide is plagued by disputes, construction […]

By Jan Bouckaert, 4 years24 April 2020 ago

Smaller disputes with arbitration or litigation? No way! Innovation…

In my role on the “disputes, claims and conflict management” section of the IACCM council, I had the pleasure to organise a webinar regarding innovative ways to resolve smaller disputes. In this post, I will share the first part of messages from the webinar. Jan Bouckaert, AfiTaC and dispute adjudicator […]

By Jan Bouckaert, 4 years15 April 2020 ago

FIDIC 2017 Rainbow suite -“FIDIC for breakfast” series

Our series “FIDIC for breakfast” is bringing you short movies of Sub-Clauses from FIDIC 2017 Rainbow Suite (Silver Book, Red Book and Yellow Book) presented in a graphical way, which improves learning and memory. Introduction to FIDIC 2017 short movies The short introduction movie here below will explain. Don’t hesitate […]

By Jan Bouckaert, 4 years8 April 2020 ago

Determination in Sub-Clause 3.7 of FIDIC 2017 YB and RB (and 3.5 of SB)

Sub-Clause 3.7 of the FIDIC Red and Yellow Books covers the vital role of the Engineer to determine an open issue (disputed claim). This, in case the Parties are not able to agree. The Silver Book has the same clause. But, as the latter doesn’t have the role of “Engineer”, […]

By Jan Bouckaert, 4 years14 November 2019 ago

Best of Blog – Alternative Dispute Resolution

When heading for trouble (i.e. Dispute Resolution proceedings), in this blog you will find some important things to know about alternative dispute resolution (mediation, dispute boards, adjudication, arbitration etc.): About AfiTaC AfiTaC.com is the blog on commercial and contractual subjects for the Project Businesses (Construction, Infrastructure, Oil & Gas, Power & Renewable, Water Supply […]

By Jan Bouckaert, 5 years11 July 2019 ago

Speaking with Howard Carsman from Intel about innovation in dispute resolution

I was speaking with Howard Carsman who is the Global Construction Claims Manager at Intel Corporation on the innovative ways that Intel is using to avoid conflict on its construction projects.

By Jan Bouckaert, 5 years3 April 2019 ago

Mediation, do you want to know the latest status?

An event organized by the Young Members Group of CIArb named “Arbitration & Mediation at a Crossroads” enabled us to reflect on the positioning of mediation within the spectrum of dispute resolution methods.

By Jan Bouckaert, 5 years7 February 2019 ago

Harvard Negotiation Masterclass, some feedback.

This post gives feedback on the Harvard Negotiation Masterclass by The Program on Negotiation, a consortium project of universities (Harvard Law School, Harvard Business School and the Massachusetts Institute of Technology), probably the world’s most vibrant effort for reflection and training on negotiation. This negotiation masterclass clearly shows the importance, for a negotiator, to be conscious about the negotiation process, the situation of the counterpart and your own behavior.

By Jan Bouckaert, 5 years21 November 2018 ago

Search Results for: mediator