Dispute Resolution

Communication, Conventional wisdom, Developing the Field, Dispute Resolution, Efficiency, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, mediation models, mediation process, mediation traditions, Success in mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

In 1861, the then Secretary to the Education Department, Robert Lowe, addressed the UK House of Commons on the pressing matter of elementary education, in particular on the linked questions of access to education, funding, and quality. His proposal was to introduce a system of “payment for results”, designed both to limit the costs of…

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…

Apology, Causes of Conflict, Communication, Creativity, Dispute Resolution, Guitar, Humorous Pieces, Mediation Practice, Negotiation, Scotland, Tips, Uncategorized

(Core Solutions Group)/ /2 Comments

‘Tis the season to be merry. And indulgent. ‘Tis also the season when favourite songs are compiled by well-meaning souls into apparently themed collections. In the UK, we have a long-running radio show called “Desert Island Discs” in which celebrities and others select their favourite pieces of music as they reminisce about their lives. The…

ADR, Conflict, Dispute Resolution, Global Pound Conference Series 2016-17, History of mediation, International Mediation, mediation as a career, Mediation Reforms (Legislation, etc.), Mentoring, Reform, Young Mediators

(Murray & Duncan)/ /Leave a comment
Young Mediators Initiative (YMI)

The last day of the year is referred to, in Scotland, as Hogmanay. Hogmanay has for centuries, been a cause for celebration. Many traditions are associated with it, though the ubiquitous singing of ‘Auld Lang Syne’, is fairly recent, having been written by Robert Burns in 1788. One of the more important customs is the…

ADR, Dispute Resolution, Email, Ethics

(FORARB/Charles University)/ /Leave a comment

Stream of consciousness is an amazing proof of mysteriousness of human thinking. So for instance, some thoughts on impertinence of email spammers may remind you to post on Kluwer Mediation Blog results of the Summer Mediation Game. On the first sight, those topics are not related. As you may see in the following lines, they…

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, Arbitration, Dispute Resolution, Evaluative Mediation, Med-Arb Clauses, mediated settlement agreement, mediation models, Mediation Outcomes, mediation traditions, Neuroscience, Scotland

(Core Solutions Group)/ /2 Comments

My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition. One topic which stimulated some forthright conversation was the use…

Clients, Communication, Conventional wisdom, Dispute Resolution, Mediation Practice, mediation process, mediation traditions, Stages of mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

The recent blog entry by Matthew Rushton (23 August) is a reminder of what changes can and do happen across the diverse landscape of mediation, and of the ways in which the “classical” model of mediation is probably as much a fond memory as it is a consistent practice. In both practice and training, we’ve…

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…