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Resources

Tools

Tools

Master key for negotiation preparation

Preparing for a negotiation? Here is the Master Key to claim & create value: a valuable planning and preparation toolkit. Preparation is an important part of successful negotiation. Here is a way to do it systematically.

How to keep a mediation on track

This checklist is meant for mediation advocates / advisors. It shows for each phase in the mediation process the elements, the role of the mediation advocate, tools and tips. A valuable tool to keep the mediation on track as a mediation advocate.

8 key drivers to determine what type of ADR-process works best

  • party driven (mediation, negotiation),

  • legal focus (litigation, arbitration), or

  • a combination of processes.

Quick check of success-predictingindicators for settlement through mediation

Practice proves that all cases can be suitable for mediation or negotiation but not all parties / participants.

Checklists

Transactional Mediation or Deal Facilitation

  • Preparation for deal facilitation. Checklist 

  • Deal facilitation vs. mediation. Checklist

 

Mediation

  • Mediator Opening Statement (checklist and sample).  
    You can also watch a video demonstration of this mediator opening statement. 

  • Conflict cause and intervention. Checklist. 

  • Negotiation agenda in a mediation. Checklist.

  • Quick reference guide stages of a mediation process. Checklist. 

 

Mediation advocacy and preparation

  • Checklist cost-benefit analysis mediation vs litigation.

  • Checklist role of a mediation advocate and KSF. 

  • Checklist role of the mediation advocate per mediation stage.

 

General

  • Overview mediation organisations from Toolkit Generating Outcomes. 

Research

Business Mediation in The Netherlands
Research into the opportunities and impediments of business mediation among business users, lawyers and judges with mediation experiences in The Netherlands.

Published in December 2018 and April 2024 in Dutch. "Onderzoek naar kansen en belemmeringen voor zakelijke mediation onder advocaten, bedrijven en rechters in Nederland".
 

Survey (Dutch):

 

Summary in English:

 

Cross-border Business Mediation
SIDRA-SMU International Dispute Resolution Survey: 2022 Final Report

• Download

Publications

Interview with Isabella Wijnberg (Houthoff) and Manon Schonewille (Mundi Mediatores | The Academy of Legal Mediation)

Tijdschrift Conflicthantering (June 2022 number 2) about mediation in class actions and the Dutch WAMCA procedures. You can download the article (in Dutch).

Publication Corporate Law Kluwer: Cross-border mediation: the same, but different

This article by Manon Schonewille was originally published in Dutch in "Kluwer Ondernemingsrecht 2016/11" (Corporate Law Magazine).
This translated version was updated in November 2023.

Videos

Video demonstrations of cross border Business Mediation 
 

​1.) Special Chemistry

CHARACTERS
Commentary and introduction:  Hal Abramson
Mediator:  Manon Schonewille
Plaintiff GIGEM AG:  Karl Schmidt (played by Willem Kervers)
Lawyer for plaintiff (outside lawyer):  Alexandra Friedmann (played by Eva Schutte)
Defendant MICO INC:  Peter Mc. Dermot (played by Felix Merks)
Lawyer for defendant (In-house counsel):  Chris Powell (played by Jeremy Lack)

INTRODUCTION TO THE CASE
General Background. This case concerns a cross-border mediation after a Canadian court of first instance ruled in favor of the Plaintiff in a patent infringement dispute between two competitors acting in the specialty chemicals industry.  The Plaintiff is a German multinational company that is a leading distributor of specialty chemicals worldwide.. The defendant is a Canadian company that operates mainly in North America and develops personalized products for new market applications.  The Court awarded an injunction and CA$ 9 million in damages in favour of the Plaintiff for patent infringement.


The Parties. The Plaintiff in this case is Gigem AG, a global market leader in specialty chemicals based in Germany. Gigem is represented by its CEO, Karl Schmidt, and by outside counsel Alexandra Friedmann. The Defendant is Mico Inc., a Canadian-based producer and distributor of specialty chemical products operating mainly in North America. Mico is represented by its CEO, Peter Mc Dermot and by its in-house lawyer, Chris Powell.
 

Trainers and teachers wishing to use the video and accompanying materials for academic or training purposes are free to do so, on condition that they provide the following attribution: “The Academy of Legal Mediation (Toolkit Company), Manon Schonewille © 2009-24.  All rights reserved” and inform us that you are using it (just drop us an email). For further information, questions or letting us know what you think of these materials, please contact the primary author at Toolkit Company T + 31 (0)6 t4336192.
The materials may not be used in any other manner without the express prior written permission of the primary author.

 

2.) Mega Brands

Miscellaneous

Interview of Lisa Gillespie with Manon Schonewille (Mundi Mediatores | The Academy of Legal Mediation) on the mediation paradox, IMI Certification and why learning mediation skills is a gamechanger for lawyers.

This is the full 8 minute version. You can watch the 2 minute highlights here.

Demonstration of choosing the right mediator and desiging a process for a cross-border trademark dispute during the launch of Mundi Mediatores of Jeremy Lack (InnovADR) and Manon Schonewille (Mundi Mediatores and The Academy of Legal Mediation).

a 20 minute mini-workshop on finding the right mediator for your case and hybrid processes.

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