Dispute Resolution

ADR, Conciliation, Consumer conciliation, Dispute Resolution, European Law

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Greg Bond: Tell me about your organisation. Edgar Isermann: The Conciliation Body for Public Transport (söp) was founded in 2009, as a result of EU regulations on passenger rights, and also a general need to strengthen ADR provisions. The public transportation companies gradually realised that they would have to join the scheme. Travelers whose complaints…

Dispute Resolution, Environmental disputes, Environmental Mediation, Future of mediation, India

( O.P. Jindal Global University, Jindal Global Law School)/ /2 Comments

The judgment by the Uttarakhand High Court granting entities such as the River Ganga, River Yamuna and more recently the Yamnotri [1] Mohd.  Salim v. State of Uttrakhand and Ors, W.P.PIL No.  126 of 2014  and Gangotri glaciers [2] Lalit Miglani v. State of Uttarakhand, W.P.PIL No. 140 of 2015 the status of legal personality under…

ADR, Communication, Creativity, Dispute Resolution, Efficiency, Language, mediated settlement agreement, Negotiation, Stages of mediation, War Stories

(FORARB/Charles University)/ /1 Comment

The parties left my office much later in the afternoon than I would have foreseen in the morning. As I was accompanying them to the exit, the package was already attending me on the front desk: It was the very typewriter I am now writing this blog on. As I was unpacking it, I was…

Confidentiality, Developing the Field, Dialogue, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.)

(ADR Center Romania)/ /Leave a comment

We agree sometimes to engage in a simple dialogue or in a mediated conversation with other people, but do we necessarily mean the same thing when thinking about dialogue? Are there significant process impacts induced by our perspectives and expectations? And could the dialogue process be more effective should these differences are clarified beforehand? What…

Brazil, Business, Creativity, Dispute Resolution, Future of mediation, Negotiation, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

In 2011, a computer gained fame as a celebrity. Its name was Watson*, of IBM. This was right after taking part in a very popular Q&A show on American TV (Jeopardy), in which Watson, with its ability to understand our language using only information recorded in its memory, and working offline, managed to successfully overcome…

Brexit, Conflict, Creativity, Dispute Resolution, Europe, Mediation and Society, Negotiation

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

On the face of it clarity and certainty would always appear to be preferable to ambiguity, in order that people know where they stand and can plan and act accordingly. However, in a recent article Fintan O’Toole reflected on the position of Northern Ireland in the Brexit negotiations and concluded: “…stopping the violence meant creating…

ADR, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Users/Clients, Promoting Mediation, user perspectives

(Independent Mediators)/ /Leave a comment

On 6 July I attended the finale of the Global Pound Series held in London, the last in the series of events held worldwide to an audience of over 2000 over 30+ events. I will say now I am not a mediator, I know you are asking why did I get asked to write a…

ADR, Appointment of Mediators, Brazil, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, harmonisation of mediation law, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Uncategorized

(Mediar360 - Dispute Resolution )/ /4 Comments

As I have proudly published in several articles last year, Brazil has come a long way until it finally managed get its first Mediation Law into force. Find below a brief historic to remember this path: • 2004 – Start of the Judiciary Reform • 2010 – Ordinance No. 125 creates the National Judiciary Policy…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Particular Sectors (e.g. Construction, Banking, etc.), Research, user perspectives

(Victoria University of Wellington)/ /Leave a comment

I recently carried out New Zealand’s first empirical research on the users of commercial mediation. This is Part Three of a three-part study (Part One = the mediators, Part Two = the gatekeepers/lawyers). Getting to grips with what users think of commercial mediation is the Holy Grail for mediation professionals. Until now in New Zealand,…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Regulation

(Serle Court)/ /Leave a comment

What is it about disputes in regulated sectors that make them suited to mediation? Regulated sectors are ripe for disputes. Whether it’s the energy, financial or telecoms sector, there are often incumbent players that own key infrastructure that is essential for delivering services to customers. At the same time new entrants may be vying for…