ADR

ADR, Causes of Conflict, Developing the Field, Dispute Resolution, Ethics, Evaluative Mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Language, Mediation Practice, Training, Uncategorized

(University of Strathclyde)/ /2 Comments

Like many of us I am constantly torn between simplicity and complexity. The world is complex: that’s a given. But a beautiful morning or a lover’s kiss is simplicity itself, and it’s a fool who overcomplicates it. And so with mediation, the profession/activity/vocation that has grown on me like a skin these last nineteen years….

ADR, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Particular Sectors (e.g. Construction, Banking, etc.), Practical Challenges for Mediators, Standards, Uncategorized

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

The ICC International Commercial Mediation Competition is the only moot I know of devoted to international commercial mediation and it will take place in Paris in early February. It’s an annual event organized by the International Chamber of Commerce and has become the best excuse to travel to Paris, drink coffee and eat pastries on the…

ADR, ADR Agreements, Cross-cultural, Deal Mediation, Developing the Field, Disclosure, Dispute Resolution, Dispute Resolution Clause, EU Directive on Mediation, EU Mediation Directive, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Mediation Practice, Mediation Reforms (Legislation, etc.), Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Public Policy, Reform, Regulation, Samoa, UNCITRAL Model Law, War Stories

(Singapore International Dispute Resolution Academy)/ /2 Comments

As I write these lines, I am working on a commercial mediation project in the Pacific nation of Samoa – yes the one that has just jumped across the international dateline. My blog post today is a reflection on an aspect of this work that is relevant, not just to me, but to any of…

ADR, Dispute Resolution, Ethics, Mediation Practice, Standards

(Mediare)/ /1 Comment

Due to the fact I work as a Mediation professor I am always aware of the question of Ethics. Teaching Mediation implies sharing its ethical principles with the students and helping them to observe such principles in the practice of Mediation. In Brazil nowadays we rely on three Codes of Ethics devoted to Mediation. The…

ADR, Availability of Mediators, Clients, Developing the Field, Dispute Resolution, Efficiency, EU Directive on Mediation, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Standards, Uncategorized

(ADR Center Romania)/ /1 Comment

While large scale efforts are being made in order to be recognized as a worldwide and a free standing profession, the mediation became a profession in some countries and it remains an experiment in others. The general public’s perceptions about mediation have registered significant changes over time. If in its early stages mediation was seen…

ADR, Europe, European Law, Legislation, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Online Mediation, Particular Sectors (e.g. Construction, Banking, etc.), Regulation

(CMS)/ /Leave a comment

On November 29, 2011, the European Commission announced (MEMO/11/840) its proposals for a new Directive on consumer ADR and a new Regulation on consumer ODR. With some countries in the Eurozone in deeper financial trouble than ever, and the future of the EU uncertain, the Commission has just sent a clear signal that the promotion…

ADR, Business, Commercial Mediation, Dispute Resolution, Europe, General, Growth of the Field (Challenges, New Sectors, etc.), Success in mediation

(Herbert Smith LLP)/ /2 Comments

One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my international law firm – which has attempted to gather data on mediations in which we have participated for nearly 15…

ADR, Dispute Resolution, Efficiency, Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), Public Policy, Uncategorized

(Mediare)/ /Leave a comment

The evolution of society, its population growth and the consequent increasing complexity as to relationships made it necessary that the natural right to justice become a right guaranteed by the State. That came about due to the fact man used to make justice himself using physical violence and imposing his own interests. Access to Justice…

ADR, Appointment of Mediators, Availability of Mediators, Dispute Resolution, Judges as mediators, Mediators’ Conduct

(Aina Blankson LP)/ /1 Comment

Years ago, I participated in a Richard Salem led mediation skills acquisition training for retired Judges and I will never forget the words of a just retired Chief Judge contemplating a career in mediation “ Kenny, you mean I will just listen without telling the parties what to do? Impossible! Not me!”. I have seen…