Growth of the Field (Challenges, New Sectors, etc.)

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…

Book Review, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Singapore

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

I’d like to take this month’s entry to briefly review a book that was launched in Singapore in March 2015. The book is Mediation in Singapore: A Practical Guide published by Sweet & Maxwell. The editors of this book are Danny McFadden and George Lim (Senior Counsel) and boasts an impressive list of contributors ranging…

Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Due Process, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Reforms (Legislation, etc.), Online Dispute Resolution (ODR), Opt-Out, Public Policy, Reform, Technology, Uncategorized

(University of Strathclyde)/ /Leave a comment

‘Justice’, an “all-party law reform and human rights organisation working to strengthen the justice system” launched a new report on April 23rd entitled ‘DELIVERING JUSTICE IN AN AGE OF AUSTERITY’. The report could be described as a plan to deliver justice despite the cuts. It proposes a transformation of the court system in England and…

Accreditation, ADR, Communication, Dispute Resolution, Fear, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Mentoring, Social intelligence, Success in mediation, Young Mediators

(Lawyer, Mediator and Trainer in Conflict Resolution)/ /Leave a comment
Young Mediators Initiative (YMI)

I was twenty-five years old when I joined Young Mediators’ Initiative (YMI) and first participated at the Andalusian System for Labour Conflict Resolution (S.E.R.C.L.A) as an official mediator. At SERCLA, we normally have an average of ten people at the mediation table. Sometimes, not only am I by far the youngest person in the mediation…

Conventional wisdom, Decision making, Developing the Field, Environmental Mediation, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Public Policy

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

Oz, left to himself, smiled to think of his success in giving the Scarecrow and the Tin Woodman and the Lion exactly what they thought they wanted. “How can I help being a humbug,” he said, “when all these people make me do things that everybody knows can’t be done? It was easy to make…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, mediation as a career, mediation models, Mediation Practice, Reform, Regulation, Training

(Sabine Walsh Mediation)/ /1 Comment

Amati, the Association of Mediation Assessors, Trainers and Instructors, held their second international conference in Coventry at the beginning of this month. The theme was Moving Over: Developing Conversation Training and Hybrid Models in Mediation. This relatively new organisation, aimed at those of us training and assessing mediators, has the aim of “benchmarking best practice”…

ADR, ADR Clauses, Clients, Commercial Mediation, Confidentiality and Transparency, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Lawyers, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Act, Mediation Agreement, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Policy, Practical Challenges for Mediators, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Trade, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted? Say your client is a multinational corporation doing business with numerous organizations around the globe. Your…

Clients, Efficiency, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Policy, Reform, Uncategorized

(ADR Center Romania)/ /2 Comments

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number…

ADR, Commercial Mediation, Cross-cultural, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Practice, Negotiation, Training

(Mediar360 - Dispute Resolution )/ /Leave a comment

As the world of business develops at an unprecedented pace, we all are constantly facing new challenging situations which we must rapidly understand, find new solutions to and, in some cases, adapt ourselves to. A global net of co-operations, business opportunities, market resources and novel technologies has inevitable spanned across our world of business. Along…

Commercial Mediation, Deal Mediation, Dispute Resolution, Employment, Ethics, Europe, Family Mediation, Future of mediation, General, Governments/Public Sector, Greece, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Interests, Ireland, Joint Sessions, Language, Lawyers, Legal Issues, mediation as a career, Mediation Lawyering, mediation models, Mediation Outcomes, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Neuroscience, Nigeria, Particular Sectors (e.g. Construction, Banking, etc.), peace negotiations, Planning, Policy, Practical Challenges for Mediators, Public Policy, Reform, Scotland, Settlement Agreements, Skills, Sport, Stages of mediation, Standards, Success in mediation, Switzerland, Tactics, Transformation, Trust, UN and International Organizations, Uncategorized, Understanding mediation, Workplace

(Core Solutions Group)/ /1 Comment

I was all set to write about climate change and, more particularly, to reflect on some excellent writing on that subject which addresses so-called climate change sceptics or deniers. It seems to me that there is much to be learned about the motivations and psychology which affect such people and which can easily be read…