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Resources

Articles, documents and guides to help with mediation

Mediation Guides

Clear, practical guidance to assist those participating in mediation to get the best out of the process.

The Pocket Mediator with logo

A brief guide to the mediation process from beginning to end, designed to help participants prepare, participate effectively and drive resolution.

Picture of open Notebook

This guide explains how the effective use of Position Statements will not just encourage others to think critically about their own case, by stress testing its key elements, for instance, but will also go some way towards setting the right tone for the mediation day itself.

Client Meeting

Intended for lay clients, this step-by-step client guide explains each stage of the mediation process, from preparation through negotiation to eventual settlement, helping clients understand each stage of the process and engage confidently towards resolution.

Picture of open Notebook

A practical guide to help those using mediation as a dispute resolution tool to get the best out of the process.

Articles & Papers

“Mediation and settlement – 2015 in review” – This article was first published on Lexis®PSL Dispute Resolution on 17 December 2015

 “Med-Arb – an English Perspective”, paper to be published by the New York State Bar Association in 2009

“Mediation and its uses beyond the obvious”, paper given at the Fordham University Annual Conference on International Arbitration & Mediation on 18th and 19th June 2007 (and now published by Martinus Nijhoff in the book, “Contemporary Issues in International Arbitration and Mediation”)

“The Resolution of IPR disputes in Asia: Litigation, Arbitration or Mediation?”, paper given at the Fordham University Annual Conference on International Intellectual Property Law & Policy on 20th and 21st April 2006

“Mediation – the framework in England and Wales”, paper to be given at the IBA’s conference in Prague, 25 to 30 September 2005

“Breaks, Delays, Terminations, LD’s and Force Majeure in MoD Contracts”, London 2005 – half day seminar for The Defence Manufacturers Association

“European Regulatory Review” published in BNA’s Privacy & Security Law Report, July 2004

“Sweet talk – Should warring parties be forced to mediate” The Lawyer 23 February 2004

“The Legal and Contractual Protection of Know-How”, paper given to Computer Law Association Conference, Munich 2003

“The Protection of Commercial Trade Secrets”, European Intellectual Property Review (2003) E.I.P.R. Issue 10

“IP Rights as a Business and Legal Tool”, paper given to the European Company Lawyers Association (ECLA) Conference, September 2003

“Intra-Group Transfers”, transcript of talk published in BNA Privacy & Security Law Report, July 2003

“Secrets, Strategies and Proposals for Reform in the UK”, Computer and Telecommunications Law Review, Vol. 8, Issue 8, (2002), CTLR

“The Protection of Know-how”, paper given to the Computer Law Association Conference, Paris 2002

“Delay and Termination of Ministry of Defence Contracts”, half day seminar for The Defence Manufacturers Association, London 2002

“Commercial Trade Secrets”, The European Intellectual Property Review Conference, London 2002

“Monitoring of Communications in the UK”, White & Case/Pike & Fischer, Inc Global Privacy Symposium, London 2002

“Internet Relation Litigation in the EU”, paper given to the Computer Law Association Conference, Lisbon 2001

“Consumer Protection in E-commerce-An EU Perspective”, paper given to the Computer Law Association Conference, Milan 2000

“Transborder Data flows: Outsourcing and Data Consents”, Privacy Law Adviser – New Practice of Privacy: Global Risks, Global Strategies 2000

“Think Before You Add That Extra Clause”, Importing Today, Jan/Feb 1999

“Arbitration Agreements – Avoid the Pitfalls”, Trading Law and Trading Law Reports, Nov/Dec 1997, Vol 16, No. 6

“In the Year 2000”, Facilities Management Journal, July 1997

“No more dirty business”, The Times, 8 April 1997

Book by Jon Lang

A Practical Guide to Mediation in Intellectual Property, Technology & Related Disputes

​In 2005 Sweet & Maxwell asked Jon to write this practical mediation guide. It was published in 2006 and has been favourably reviewed by several commentators. Below are some comments received from those who have read the book as well as a number of links to more formal reviews.

‘I thought Jon Lang’s book was excellent and written in a very readable style. It provides a very good insight for barristers and solicitors …….’

‘Lawyers need to change from a litigation mindset to one where they can truly understand their client’s needs and help him to achieve a settlement. Jon’s book goes a long way to showing lawyers what they need to think about before and during mediation and what pitfalls there might be.’

‘I thought the case studies were a good idea, otherwise the guidance given could remain at a theoretical level. ……. ‘

Links to formal reviews of ‘A Practical Guide to Mediation…’

E.I.P.R (pdf)

Ontario Bar Association Review (pdf)

Oxford University Press Review

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