For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from Mediation does not include provisions in relation to the ‘seat’ of mediation. Why, you may ask? The Convention includes no provisions on ‘seat’ simply because…

January is the time of the year when we all reflect on the past experiences and set goals for the unfolding new year. From a mediation perspective, 2018 marked major positive developments in Turkey. Turkish mediation practice is developing quickly through the implementation of mandatory mediation. Rafal Morek mentions in his blog post how mandatory…

While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The Civil Justice Council’s ADR working group has released its much anticipated final report on the use of ADR within the civil justice system…

This article has been inspired by Greg Bond’s recent article “Mediation Moves – A Conference, a Workshop, a Movement” and by the thought it has triggered: where have we moved in terms of mediation in Georgia? This thought coincided in timing with Tbilisi Mediation Days – a two-day international conference which took place on November…

Brexit negotiated!

In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. When Frank Sander coined the term ‘Alternative Dispute Resolution’ his relatively modest proposal placed…

In 1999, I had just returned to Brazil from the United States with a Ph.D. thesis on ADR when a mediator colleague invited me to attend and appraise a mediation session. I was eager to do that and observed, minute by minute, the rich communication interaction between him and the parties. At the end my…

My last blog reflected on an excellent mediation conference in Frankfurt on the Oder where the strength which comes from working together was clear. I started this present blog on the day that the EU agreed the terms of the UK’s departure from the organisation that has been such a significant part of Europe’s post-second…

At present, the project called “Mediation-Effective Public Policy in the Civil Dialogue” aims to explore options for a public policy in Romania in the field of mediation. The project is funded by the European Union under the Operational Program Administrative Capacity 2014-2020, Priority Axis 1 – Public Administration and Efficient Judicial System, Component 1 –…

At a recent excellent conference hosted by Professor Ulla Glaesser at Viadrina University in Frankfurt (Oder), one of the workshop sessions focussed on the extent to which mediators can or should disclose or express their views when engaged in politically-related mediation work – or more generally. What a fascinating conversation we had. It was no…

These are heady days in international mediation circles. A panel discussion earlier this summer at an UNCITRAL conference entitled “Feel the Earth Move – Shifts in the International Dispute Resolution Landscape,” dedicated largely to mediation, captures the sentiment. Reasons for the excitement include the approval of a draft of the UNCITRAL treaty for enforcing mediated…