International Mediation

Argument, Commercial Mediation, conlfict coaching, Future of mediation, International Mediation, Joint Sessions, Mediation Lawyering, Settlement Agreements, Tips

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Once again, we find ourselves on the eve of the annual ICC Commercial Mediation Competition which is about to kick off in Paris, France next week. Last year I posted 10 tips for participants, one of the most important being that mediation remains an oral sport, and the most effective counsel and parties in real…

ADR, Business, Commercial Mediation, Conciliation, Confidentiality, Confidentiality and Transparency, Corporate Counsel's View, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Jurisdiction, Lawyers, Litigation, Med-Arb Clauses, Mediation Reforms (Legislation, etc.), Reform, UN and International Organizations, Uncategorized, UNCITRAL Model Law

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

In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of…

ADR, International Mediation, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Reform, Set Aside a Mediated Agreement, Settlement Agreements, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /1 Comment

STOP PRESS For one more week only you have the chance to have your say on the enforcement of cross-border mediated settlement agreements. I encourage each and every one of you to offer your input. Two surveys will be gathering input from dispute resolution professionals and others on the challenge of enforcing settlement agreements across…

ADR, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Enforcement, International Law, International Mediation, National Mediation Laws

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR. Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations…

ADR, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, UN and International Organizations

(Singapore International Dispute Resolution Academy)/ /1 Comment

In his recent posting for the Kluwer Arbitration Blog, Michael McIlwrath picks up on what I affectionately refer to as the NYC4M (New York Convention for Mediation) theme, that is the debate about whether an international convention for the enforcement and recognition of cross-border mediated settlement agreements would assist the development of, and promote the…

Appointment of Mediators, Below the line, Clients, Conflict, crisis negotiatons, Fear, General, Governments/Public Sector, insider and outsider mediators, Interests, International Mediation, mediation models, Mediation Users/Clients, Mediators’ Conduct, Neutrality, peace negotiations, Trust

(Bill Marsh Mediator)/ /4 Comments

Last month, Al Jazeera carried a piece called “‘Mama Boko Haram’ grasps for peace in Nigeria”. It detailed the activities of Aisha Wakil (pictured above), a Nigerian lawyer who has become a de facto mediator between Boco Haram and the Nigerian government – often at considerable risk to herself. “Mama Boko Haram”, as she has…

Business, Commercial Mediation, Communication, Confidentiality, Conflict, conlfict coaching, Conventional wisdom, Decision making, Developing the Field, Dispute Resolution, Efficiency, Future of mediation, General, Impasse, Improvisation, International Mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation traditions, Mediators’ Conduct, Mentoring, Negotiation, Scotland, Skills, Stories, Success in mediation, Tips, Uncategorized

(Core Solutions Group)/ /Leave a comment

I write here about two contrasting experiences which have, for me, underscored the richness of the mediation process. In one mediation, involving business partners with an ongoing management issue, one of the protagonists (A) suggested bringing in another partner (D) who was not perceived to be a part of the present problem, simply to observe,…

ADR, Clients, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Due Process, Efficiency, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Lawyers, Legislation, Litigation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Public Policy, Uncategorized

(ADR Center)/ /Leave a comment

The recent publication of a study conducted for the European Parliament on Mediation, “Rebooting the Mediation Directive,” has contributed to the ongoing debate about effective mediation policy. I am the coordinator of that Study, whose results were based on 816 questionnaires completed by respondents from the 28 member states of the EU. The Study determined…

Arbitration, Decision making, General, International Mediation, Med-Arb Clauses, Mediation Practice, Mediation Users/Clients, Policy, Public Policy, Reform, Settlement Agreements

(Singapore International Dispute Resolution Academy)/ /1 Comment

How do you get people to eat more fruit and less junk food? How do you get more people to agree to donate their organs? How do you get more people to engage in cross-border mediation? I’ll come back to food and organs shortly. Let’s stay with mediation for a minute. Within Asia, Hong Kong,…

Appointment of Mediators, Conflict, Conventional wisdom, Cross-cultural, General, insider and outsider mediators, Instinct, International Mediation, Mediation Practice, mediation traditions, Mediation Users/Clients, Neutrality, peace negotiations, UN and International Organizations, Understanding mediation, War Stories

(Bill Marsh Mediator)/ /3 Comments

Recently my good friend Canon Andrew White (aka “the Vicar of Baghdad”, as he is the Anglican priest at St George’s Church, Baghdad) convened a meeting of religious certain leaders from Iraq and Israel, bringing together senior Iraqi Muslim and Israeli Jewish figures in Cyprus for several days of talks about peace. It was by…