Who's Who Legal brings together two leading individuals to discuss recent developments in the market, the changing nature of cases and the future of mediation.
By Alan L Limbury, Strategic Resolution
The practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt.
Facilitative (as distinct from evaluative) mediation uncovers the underlying interests of the disputants and allows them to craft their own solution. Arbitration determines the legal issues but may leave those interests unaddressed. Combining the two processes can bring a definite end to the dispute, save time and money, achieve creative solutions, and preserve or restore relationships.
Who’s Who Legal brings together Phillip Howell-Richardson of Independent Mediators, Mercedes Tarrazón of Disputes Management SL and Bennett Picker of Stradley Ronon Stevens & Young to discuss the trends affecting the practice of mediation in their respective jurisdictions.
George Lim SC of Wee Tay & Lim takes an in-depth look at the history and development of mediation in Asia:
"While arbitration currently appears an attractive way to resolve cross-border disputes, mediation is clearly a more timely and cost-efficient method of dispute resolution. In my view, it is only a matter of time before the international business community comes to the realisation that they should routinely attempt mediation before resorting to litigation or arbitration."
Who’s Who Legal brings together Rosemary Howell of Strategic Resolution, Kenneth Feinberg of Feinberg Rosen, Tim McFarlane of McFarlane Legal, Jonathan Lux of Stone Chambers, Patricia Barclay of Bonaccord Ecosse and Machteld Pel of Pel Mediation to discuss the types of disputes, increasing sophistication of users, the popularity of mediation, and changes in the market in their jurisdiction.
The sixth edition of Who’s Who Legal: Mediation features 341 practitioners from 273 firms across 52 countries, who have been selected as leaders in the field.
Global ADR powerhouse JAMS International comes out on top this year. With a sensational 26 listings that span Europe and the US, the network demonstrates the great depth and breadth of its mediators’ expertise. London-based Independent Mediators and In Place of Strife also excel, showcasing the impressive work of its first-rate mediators.
The UK Bar continues to be well represented, most notably by Brick Court Chambers whose “fantastic” mediation offering includes two of our most highly regarded individuals. Our research also highlights a number of “stand-out” individual practitioners.
Cost-consciousness and mitigation on the part of corporations have been the driving forces behind the development of mediation over the past year. As companies increasingly look to resolve conflicts cost-effectively and efficiently, mediation has grown to become a valuable alternative to costly and lengthy litigation and arbitration proceedings. Although it has not yet reached the heights and prominence that its practitioners believe it merits, they are in no doubt that the practice area has a bright future.
We are pleased to introduce our fifth edition of Who's Who Legal: Mediation. This comprehensive volume lists 294 practitioners from across 233 firms and 45 jurisdictions.
Amid continued economic uncertainty, even in jurisdictions that have seen a welcome shift towards recovery over the past 12 months, the focus of both global and domestic corporations has moved towards cost-reduction and mitigation.
We recognise 298 of the world’s leading commercial mediators, and each should be considered to be among of the outstanding experts in their jurisdiction. Our listing encompasses sole practitioners, barristers, boutique firms, former judges and non-lawyers.
We also select the 10 most highly regarded commercial mediators in the world.
The economic upheaval of recent years has prompted altered practices across the commercial world, not least a hardening of attitudes in boardrooms towards legal spend, which has direct ramifications on the resolution of disputes. With clients more than ever looking for cost-effective ways to resolve – or avoid – such conflicts, an opportunity has arisen for the world’s leading commercial mediators to further establish mediation as a viable, attractive and effective method of addressing these concerns worldwide.
This year we recognise 301 of the leading commercial mediators, selected for their outstanding skills and experience in the area. Our research reveals that mediation remains firmly in the hands of individuals, small boutiques and, increasingly, barristers’ chambers. The only truly international mediation provider in our research is JAMS, which this year boasts 18 inclusions across Italy, Canada and the US. We also select the 10 most highly regarded commercial mediators in the world, three of whom hail from Brick Court Chambers in London.
In our 2013 edition we feature 46 more practitioners than last year, hailing from 49 countries. This growth is due to the spread of mediation around the world and the increasing sophistication of practitioners. Although mediation has become much more accepted in many areas of the world, mediators still face an uphill struggle to protect the key tenets of the process and mediations are becoming much more complex, international and specialised.
With the benefit of tens of thousands of votes from clients and private practitioners, Who’s Who Legal takes a closer look at developing trends in commercial mediators legal marketplace worldwide.
This year we recognise 252 of the leading commercial mediators and firms, selected for their reputation and experience.
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Nominees have been selected based upon comprehensive, independent survey work with both general counsel and private practice lawyers worldwide. Only specialists who have met independent international research criteria are listed.