In mediation, the art of the mediator is to lead the mediation participants to the best possible solution of their conflict, based on their underlying interests. It is the art of seduction to shift the focus from their points of view and desired outcomes to interests, and also from the escalation-driven wish to “win” and…

In the land of plenty (austerity packages) and decennial litigation fights, a new hope seems to emerge for the first time. Mediation is in the mouths of lawyers and the minds of academics. It is also part of the MoJ’s agenda since 2010. My objective is to present you the mediation landscape in Greece, and…

In my capacity as a trainer and educator of mediators, I am frequently asked about entry into the mediation profession: “Once I pass my accreditation assessment, I want to become a full-time mediator…” The mediation training market continues to boom, confirming a continuing strong interest in mediation as a career path. However the supply of…

In the Romanian Parliament there has been submitted a draft to amend the legislative framework regarding mediation. Thus, according to the draft, prior to referring the case to the court of law or the criminal pursuit body, Parties or any of these are bound to try and settle the conflict by mediation, under penalty of…

The term “ADR” is certainly familiar to not just those of us in the teaching and practice of mediation, but legal practitioners as well. In this post, I want to share some thoughts about the evolving nature of the “A” in ADR and how this is both reflective of the changes that have occurred in…

It is not uncommon to hear lawyers speak warmly of mediation in general, but when asked if they would recommend it for a particular case respond that they could not see it working. Related to this, lawyers who have developed well-honed negotiation skills may struggle to see how a mediator could improve on their outcomes….

Even if in most jurisdictions it is still rarely practiced, a few areas of law exist in which mediation may provide as many benefits as it does in bankruptcy. A drastic increase in the amount of bankruptcy filings during the recent financial crisis has forced bankruptcy judges and attorneys to seek and employ various methods…

I was pleased to read that this year’s ICC Competition went so well. Having hosted the UK Law Student Mediation Competition in Glasgow in November I was first-hand witness to the wholehearted, thoughtful way young mediators throw themselves into this work. They appear unaffected by the scepticism of older lawyers. All of this is very…

Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent…

I have been interested in, and have been training in various methods of Online Dispute Resolution for some time, so when a case of mine recently converted into a type of online mediation I thought I would take some time to reflect on what I learned from the experience. First, a few words about how…