Legislation

Appointment of Mediators, Availability of Mediators, Clients, Costs in Mediation, Developing the Field, Efficiency, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Public Policy

(ADR Center Romania)/ /Leave a comment

If I look back 10 years ago I can notice that mediation has had an evolution which at that time, we could but hope for. From the random pilot projects and the search “laboratories” of this activity, in the year 2013, mediation has become a freestanding profession and even a social and professional phenomenon. Mediation…

ADR, Appointment of Mediators, Arbitration, Confidentiality, Dispute Resolution, Due Process, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), Pre-arbitration Dispute Settlement Procedures, Regulation

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

In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011. Given the increasing interest in multi-tiered dispute resolution (MDR) processes such…

Accreditation, ADR, Cross-cultural, Developing the Field, Dispute Resolution, General, Hong Kong, Jurisdiction, Legal Issues, Legislation, mediation as a career, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Standards, Training

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

Well, the New Year is a time for reflections, making new resolutions and fresh starts. In Hong Kong the 1st of January 2013 saw a fresh start for the mediation regulatory regime with the coming into force of the Mediation Ordinance (MO), which I wrote about last month. But it’s not just the MO, which…

Conciliation, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Switzerland

(Esprit d’entente)/ /Leave a comment

In previous posts I had pointed out how difficult it is in my area to make mediation taking off and despite the fact that Switzerland has been known as a “neutral” country with a long standing practice of promoting peace in the settlement of dispute, at least viewed from an international perspective. A figurehead of…

Accreditation, ADR, ADR Agreements, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Dispute Resolution, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Reform, Regulation, Standards

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

In June 2012 the Hong Kong Legislative Council passed the Mediation Ordinance (MO), the first piece of legislation on mediation in Hong Kong SAR. The MO was a much awaited and highly anticipated law and some mediation advocates have been disappointed in what they see as much ado about nothing. After all the MO appears…

EU Directive on Mediation, EU Mediation Directive, harmonisation of mediation law, Judges as mediators, Legislation, Mediation Act, National Mediation Laws

(CMS)/ /Leave a comment

Finally, after a long parliamentary struggle, the German Mediation Act (Gesetz zur Förderung der Mediation und anderer Verfahren der außergerichtlichen Konfliktbeilegung) was signed into law by the President of the Federal Republic (Bundespräsident) on July 21, 2012. Four days later it was published in the Federal Gazette (Bundesgesetzblatt) BGBl. I, 2012, S. 1577, and came…

ADR, Legislation, National Mediation Laws, Regulation, UNCITRAL Model Law

(CMS)/ /Leave a comment

On Friday 22 June 2012, the National Council of Bhutan unanimously enacted the Alternative Dispute Resolution Bill. As a result, the Kingdom of Bhutan joined the group of jurisdictions with a mediation/ADR-friendly regulatory framework. Bhutan is a small country, located on the southern slopes of the eastern Himalayas, populated by only approx. 700,000 people. Bhutanese…

Developing the Field, Dispute Resolution, Ireland, Legislation, Mediation Reforms (Legislation, etc.)

(Sabine Walsh Mediation)/ /Leave a comment

Looking back over my previous blog posts it strikes me that I’ve been throwing the term integration around a fair bit in the context of dispute resolution and mediation, in particular. The term “alternative dispute resolution” has always sat somewhat uneasily with me. While it is of course a correct description, as the procedures it…

Conciliation, Court Procedure and Litigation, Legislation, Mediation Act, Mediation Schemes (In Courts, etc.), Switzerland

(Esprit d’entente)/ /Leave a comment

In a previous post, I had briefly described how mediation is now embodied in the Swiss legislation and whether this may contribute to its development in Switzerland. Regarding mediation within the Judiciary, I had mentioned the lack of significant development in this field. I identified two main causes. The first one is the principle of…

ADR, Europe, Greece, Growth of the Field (Challenges, New Sectors, etc.), Legislation

(Apostolos Anthimos Law Firm)/ /1 Comment

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…