Court Procedure and Litigation

ADR, Commercial Mediation, Conciliation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Lawyers, Legal Practice, Litigation, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Singapore

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

The year 2016 has so far been a significant one for Singapore in the area of ADR. The opening of the Singapore Legal Year saw the Chief Justice of Singapore, Mr. Sundaresh Menon introducing various ADR-related initiatives in family justice cases and medical malpractice matters. This has been explored in a previous blog entry here….

ADR, Clients, Court Procedure and Litigation, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/

[A talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic. Judges in Scotland are known as “sheriffs”.] I’ve been rather enjoying my belated return to the small claims court. Like a kind of slow theatre, each Friday afternoon unfolds with impeccable…

Court Procedure and Litigation, Developing the Field, Future of mediation, Ireland, Legal Issues, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws

(Sabine Walsh Mediation)/ /Leave a comment

Over the past months, indeed years, I have been blogging about Ireland’s proposed new regulatory regime for mediation contained in the draft Mediation Bill 2012. 2012 2016 It was stalled and delayed and, despite promises which started in the Programme for Government back in 2011, and were made as recently as last summer, has not…

Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Family Mediation, Future of mediation, Global Pound Conference Series 2016-17, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Reform, Singapore

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

11 January 2016 saw the opening of the Singapore Legal Year. As is tradition, the Chief Justice of Singapore, Mr. Sundaresh Menon delivered his address to the legal fraternity. In his address, there were a number of initiatives relating to mediation which the writer would like to provide readers an update on. The Chief Justice…

Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Ireland, Lawyers, Legal Practice, Legislation, Litigation, Mediation Reforms (Legislation, etc.), Regulation

(Sabine Walsh Mediation)/ /Leave a comment

First of all a very happy New Year to all our readers! May 2016 bring you peace, happiness and many, many hours of successful mediation. Here in Ireland, all we would really like is for it to stop raining, even for an hour or two. With the last month having been the wettest on record,…

ADR, Commercial Mediation, Court Procedure and Litigation, Dispute Resolution, Future of mediation, Litigation, mediation as a career, Uncategorized, Young Mediators

(Singapore International Mediation Institute)/ /2 Comments
Young Mediators Initiative (YMI)

When someone asks me to explain what mediation is, I often find it easier to tell them what it is not. Sometimes I will start by asking them if they are familiar with litigation or arbitration, and use those modes of dispute resolution as a point of comparison. I often see workshops and seminars introduce…

ADR, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Legal Issues, Litigation, Mediation Agreement, Mediation Outcomes, Scotland, Settlement Agreements, Uncategorized, Understanding mediation

(University of Strathclyde)/ /7 Comments

Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from “that’s an interesting idea” to “it has nothing whatever to do with it”. At a conference earlier this year a senior lawyer claimed he could count…

ADR, Cognitive Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Efficiency, Fear, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Humorous Pieces, Intuition, Lawyers, Mediation Lawyering, Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/ /3 Comments

We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments. It’s a familiar ritual with its own rhythm and reasoning. It can be viewed as arduous by both sides…

ADR, Appointment of Mediators, Arbitration, Clients, Cognitive Bias, Commercial Mediation, Court Procedure and Litigation, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Litigation, Mediation Contract Clause, Mediation Lawyering, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Pre-arbitration Dispute Settlement Procedures

(Bill Marsh Mediator)/ /9 Comments

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…