ADR

ADR, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Lawyering, Mediation Practice, Negotiation, Training

(National University of Singapore, Faculty of Law)/ /Leave a comment

Singapore was the location of an ADR conference over 4-5 October 2012. The conference was entitled “The 5Cs of ADR: Collaboration-Communication-Consensus-Cooperation-Conclusion” and was jointly organized by the Subordinate Courts of Singapore, the Singapore Mediation Centre, the Law Society of Singapore, the Supreme Court of Singapore, the Singapore Academy of Law, the Ministry of Law and…

ADR, Appointment of Mediators, Availability of Mediators, Bias, Clients, Commercial Mediation, Conflict, Developing the Field, Due Process, Ethics, Future of mediation, Hong Kong, International Law, International Mediation, mediation as a career, Mediation Practice, Skills, Standards

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

I come from a Western mediation tradition that argues strenuously for neutrality and impartiality in a mediator. Indeed, one of the first questions lawyers will ask when hiring me is whether or not I have any conflict of interest – in other words, do I know those involved in the dispute, have I worked with…

ADR, Business, Commercial Mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Particular Sectors (e.g. Construction, Banking, etc.), Technology

(Mediar360 - Dispute Resolution )/ /1 Comment

The relationship between growth and the combination of knowledge and human capital is no surprise. The economic environment is fast changing and technology driven. The global economy is already what the economists call a knowledge economy, where value increasingly comes from innovation and intellectual property management. No country, region or organization can ignore the challenges…

'Money-only' Cases, ADR, Commercial Mediation, Creativity, Deal Mediation, Future of mediation, Governments/Public Sector, Litigation, Mediation Practice, Success in mediation

(Weiler ADR Inc.)/ /3 Comments

I’ve been working in this field for more than 20 years and one thing that I’ve observed with genuine curiosity over that time is the sniping from various quarters that what I (and others with practices similar to mine) do each day falls short of “The Promise of Mediation”. As readers of this Blog will…

ADR, Arbitration, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Enforcement of a Mediation Clause, Ethics, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Agreement, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /5 Comments

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…

ADR, Creativity, Cross-cultural, Developing the Field, General, Stories

(Singapore International Dispute Resolution Academy)/ /1 Comment

One year ago, on the 1 September 2012, The Kluwer Mediation Blog was launched with an inaugural posting by the then Minister for Justice in Slovenia, Ales Zalar. Right from the start, Ales challenged readers by offering fresh thinking about political applications of mediation: “Mediation stands for more democracy, which we all need, because it…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…

ADR, Business, Clients, Commercial Mediation, Communication, Conventional wisdom, Decision making, Developing the Field, Dispute Resolution, General, Interests, Lawyers, Lawyers and Psychologists, Legal Practice, Negotiation, Neuroscience, Skills, Uncategorized

(Singapore International Dispute Resolution Academy)/ /1 Comment

Mediators often talk about the power of framing their own language and reframing the language of parties and others in mediation settings. For example, mediators may frame their comments in neutral, constructive and future-focused language. They may reframe party statements to detoxify offensive or destructive language or to create a shift from the negative to…

ADR, Business, Corporate Counsel's View, General, Lawyers, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

Since I was invited to contribute to Kluwer´s Mediation Blog I decided to follow the line of writing about all the possibilities of mediation in the corporate Brazilian market. This month would not be different. I invested a lot of time chasing data and information about the uses of mediation in the Intellectual Property sector….

ADR, Business, Court Procedure and Litigation, Efficiency, Growth of the Field (Challenges, New Sectors, etc.)

(Mediar360 - Dispute Resolution )/ /Leave a comment

Lack of flexibility is probably one of the most difficult obstacles to resolve any dispute. The absence of flexibility, limits the ability to reach agreements and ultimately makes the courts the only place where the dispute can find any kind of resolution. It is weird, therefore, that countries like Brazil have, in their legal systems,…