Dispute Resolution

ADR, Argument, Australia, Commercial Mediation, Conflict, Dispute Resolution, International commercial mediation, Med-Arb Clauses, Mediation Practice, mediation process, mediation traditions

(University of New South Wales)/ /Leave a comment

I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about culture was something that made me very anxious. I feel poorly prepared and I fear, with the best intentions, causing offence and appearing…

Appointment of Mediators, COVID-19, cross-border mediation, Cross-cultural, Developing the Field, Dispute Resolution, Economics, Efficiency, Email, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, Japan, Legal Issues, mediated settlement agreement, Mediation Practice, Online Dispute Resolution (ODR), Online Mediation, Singapore, Singapore Convention on Mediation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Hot off the heels of the Singapore Convention, The Singapore International Mediation Centre (SIMC) and the Japan International Mediation Center (JIMC) on 12 September 2020 signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Singapore-Japan corridor, with an economical, expedited and effective route for resolving commercial…

Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Law, Investor-state mediation, Singapore Convention on Mediation

, (Singapore International Dispute Resolution Academy)/ /Leave a comment

On this day, the Singapore Convention on Mediation comes into force. You can view the ratification ceremony here.. At the time of writing, there are 53 State Parties to the Convention, six of which have ratified it (Singapore, Fiji, Qatar, Saudi Arabia, Belarus and Ecuador). Qatar was the third signatory State Party to deposit its…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Investor-state mediation, Promoting Mediation, Research

(University of Sydney Law School)/ /2 Comments

In recent years, mediation has been actively discussed for the investor-state dispute settlement (ISDS) regime, particularly as a means of reducing costs and delays. This interest is one reaction to growing discontent about the option of investor-state arbitration (ISA) typically offered by host states in international investment treaties, to make substantive commitments (like non-discrimination) more…

ADR, Dispute Resolution, Future of mediation, Mediation Practice, mediation process, Planning, Reform, Stages of mediation, Time Pressure

(University of Missouri Center for the Study of Dispute Resolution)/ /3 Comments

The deeply-felt norm of conducting mediation on a single day is eroding as everyone adjusts to the realities of the coronavirus crisis and people appreciate the benefits of spreading out the process over time. This post describes the evolution around the world to what I have called “planned early multi-stage mediation.” One-Day Mediations For many…

Dispute Resolution, Future of mediation, Mediation Practice, Mediation Reforms (Legislation, etc.)

(Strategic Resolution)/ /2 Comments

Looking back to my lunch on a balcony overlooking the Thames in 2006, I am struck by how far dispute resolution has developed since our host, Michael Leathes, asked: “how, if we could, might we improve the dispute resolution world”? In my opinion Michael’s contribution to that development has been as significant as that of…

Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, SIDRA Survey, Singapore, Singapore Convention on Mediation, Surveys, Understanding mediation, user perspectives

, (Singapore International Dispute Resolution Academy)/ /Leave a comment

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…

ADR, Arbitration, Developing the Field, Dispute Resolution, Experience, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Investor-state mediation, lawyers in mediation, Mediation Practice, Mediation Users/Clients, Research, Singapore, Singapore Convention on Mediation, Surveys, user perspectives

, (Singapore International Dispute Resolution Academy)/ /Leave a comment

The Singapore International Dispute Resolution Academy (SIDRA) released its International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’) on 3 July. It is a compendium of the experiences and views of legal and client users from common and civil law jurisdictions on why and how they choose dispute resolution mechanisms to resolve cross-border disputes….

ADR, Brazil, Commercial Mediation, Consumer conciliation, Dispute Resolution, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /Leave a comment

Following up on a series of posts initiated last March associated to the Brazilian General Data Protection Act, the following article is co-authored by Gustavo Carneiro, a dear friend and expert on the subject matter. The Brazilian General Data Protection Act, which will come into force next August, sets up principles, duties and rights to…

ADR, Commercial Mediation, Court Procedure and Litigation, COVID-19, Developing the Field, Dispute Resolution, Domestic Courts, European Law, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mandatory mediation, Mediation Reforms (Legislation, etc.), Reform

(Strategic Resolution)/ /Leave a comment

The impact of the COVID-19 pandemic on the administration of justice has led to commendable judicial innovation, such as the use of virtual hearings, while much of the workload has been postponed until the resumption of face to face hearings is declared safe. In a message to judges in the UK Civil and Family Courts…