Legal Issues

ADR, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Lawyers, lawyers in mediation, Legal Issues, mediated settlement agreement, Mediation Practice, Reflective Practice, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

, (Singapore International Dispute Resolution Academy)/ /4 Comments

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…

Confidentiality, Confidentiality and Transparency, Disclosure, EU Directive on Mediation, EU Mediation Directive, Legal Issues, Legislation, Mediation Act, National Mediation Laws, Regulation, regulatory robustness rating for mediation, United States

(CMS)/ /Leave a comment

Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that their words could be used against them when revealed to an outsider to the mediation process, such as a judge in a court or…

Arbitration, Australia, Commercial Mediation, Dispute Resolution, Due Process, Hong Kong, Legal Issues, Legislation, Med-Arb Clauses, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, The role of the mediator

(Strategic Resolution)/ /Leave a comment

(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…

ADR, ADR Clauses, Appointment of Mediators, Availability of Mediators, caucus, Clients, Commercial Mediation, Corporate Counsel's View, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Evaluative Mediation, Future of mediation, General, Global Pound Conference Series 2016-17, International commercial mediation, International Mediation, Joint Sessions, Lawyers, Legal Issues, Mediation Contract Clause, Mediation Lawyering, mediation process, Mediation Users/Clients, Promoting Mediation, Quality, Stages of mediation, Stories, Tips, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

This is the second in a short series of blogs interviewing regular users of mediation about what they really want from mediators and from mediation. We kicked off last month with Rebecca Clark. This month, I have the pleasure of interviewing Michael McIlwrath, who has been the head of litigation for GE Oil & Gas…

Appointment of Mediators, Clients, Commercial Mediation, Corporate Counsel's View, Evaluative Mediation, General, lawyers in mediation, Legal Issues, Mediation as a business, mediation as a career, Mediation Practice, mediation process, Mediation Users/Clients, Success in mediation, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

Like all businesses, mediation ultimately depends upon (and needs to reflect) what the users want from it. That doesn’t of course mean that theirs in the only relevant perspective – mediators also have views on what the process can and should offer. But at the very least it’s a vital part of the equation (I…

Conciliation, Dispute Resolution, Germany, Legal Issues, Limitation period, National Mediation Laws, Regulation

(Eisenberger & Herzog Rechtsanwalts GmbH) and (zeiler.partners)/ /Leave a comment

Conciliation is attracting more and more users for its prided features as an easily accessible, cost- and time-effective procedure for dispute resolution. It is supported and also evidenced in the recent effort put into the discussion by UNCITRAL Working Group II to establish new instruments – a convention and a model law – with regard…

ADR, Commercial Mediation, Confidentiality, Court Procedure and Litigation, cross-border mediation, Developing the Field, Enforcement of a Mediation Clause, harmonisation of mediation law, Hong Kong, International commercial mediation, International Courts, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Reforms (Legislation, etc.), Quality, Reform, Regulation, Singapore, Third Party Funding

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

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation. In 2017 Singapore offers international parties a full suite of dispute resolution services for commercial cross-border disputes. The Singapore International Arbitration Centre (SIAC) is well-established, having been founded in 1991, and Singapore…

Europe, Ireland, Lawyers, lawyers in mediation, Legal Issues, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.)

(CMS)/ /Leave a comment

Last week the long-awaited Irish Mediation Bill was finally published. Its purpose is to introduce a coherent comprehensive regulatory framework for mediation in Ireland. For a number of reasons it is interesting also for international readers. The hitherto mediation regulations in Ireland were criticized not only by experts but also by the local judiciary. In…

Commercial Mediation, Developing the Field, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Regulation, UN and International Organizations, UNCITRAL

(Centre for Commercial Law Studies, Queen Mary University of London), (Singapore International Dispute Resolution Academy), and (Singapore Management University)/ /Leave a comment

“…the mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies. The failure to periodically step back and take stock of where we are and where we are going increases the likelihood of behavioural ‘drift’…

Commercial Mediation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

If you have been following this four-part series, you will be aware that Nadja Alexander, Anna Howard and I have been reflecting on a very current subject for the dispute resolution community: the enforceability of international commercial settlement agreements resulting from mediation. This week, the UNCITRAL Working Group II on arbitration and conciliation has been…