Mediation Practice

Availability of Mediators, Clients, Developing the Field, Dispute Resolution, Efficiency, Ethics, General, Mediation Practice, Mediation Users/Clients, Success in mediation

(ADR Center Romania)/ /3 Comments

The mediators are complex personalities. The mediators are part of the world-wide intellectual elite by promoting the purpose, the importance and the usefulness of the collaborative thinking in the pursuit of a vision founded on the quality of life. The mediators are helping people with cleaning the “dust of ignorance” off the human diamante, rediscovering…

Cross-cultural, Developing the Field, Europe, General, International Mediation, Mediation Practice, Training, Uncategorized

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

It´s about the students and they did themselves proud with South Texas College of Law taking out the magnificent glass trophy – goodness knows how they got it past security at Charles de Gaulle.  Bar Ilan University (Israel) was runner up and there was not much in it. The beautiful people of the mediation world were…

Developing the Field, Language, Mediation Practice, Practical Challenges for Mediators

(First Mediation Corporation)/ /2 Comments

Picture a group of 30 trial lawyers in an almost empty room, loudly chanting, ‘Big Booty, Big Booty, Big Booty!’ Now imagine a pair of them trying to have a conversation without using the letter ‘S’. How about two of them vying for the attention of a third by, at turns, singing, crying, jumping up…

Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Practice, Training, Uncategorized

(University of Strathclyde)/ /1 Comment

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…

ADR, Lawyers, Mediation Practice, Practical Challenges for Mediators

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

I mediated an insurance matter this week and as far as insurance disputes are concerned, never has a truer word been spoken; >Litigants are eager to discuss their cases Reality; the parties tend to withhold information >Mediation will be conducted in joint sessions Reality; the parties prefer private sessions >Mediation will focus on needs and…

Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Online Dispute Resolution (ODR), Online Mediation

(Sabine Walsh Mediation)/ /1 Comment

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…

Accreditation, Appointment of Mediators, Arbitration, Clients, Developing the Field, Due Process, Ethics, Europe, General, Governments/Public Sector, harmonisation of mediation law, Mediation Agreement, Mediation Institutions and Rules, Mediation Practice, Mediators’ Conduct, Regulation, Responsibility of States, Standards, Success in mediation, Training

(Pel Mediation)/ /Leave a comment

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…

Mediation Practice, Practical Challenges for Mediators

(Aina Blankson LP)/ /Leave a comment

I will never forget my first day in a mediation class where one word that reverberated over a hundred times was “interest, interest and interest”! “Focus on underlying interests’ was the phrase that dominated the experience that I truly got bored. That was a mistake as I bungled the very first mediation I was called…

Developing the Field, Efficiency, Lawyers and Psychologists, Mediation Practice, Uncategorized

(Mediare)/ /Leave a comment

Cartesian philosophy encouraged the fragmentation of knowledge and made it possible for different subjects and their branches to appear. Such fact brought about the expansion of knowledge in a microscopic way. Having become highly specialized man believed he had mastered all knowledge without realizing at first he had lost the perspective of the whole. Such…

Commercial Mediation, Confidentiality, Costs in Mediation, International Mediation, Mediation Act, Mediation Agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Practical Challenges for Mediators, Uncategorized, UNCITRAL Model Law

(Weiler ADR Inc.)/ /Leave a comment

Picking up where I left off last post, I want to discuss what I consider to be a major problem with the Ontario Commercial Mediation Act, 2010 (OCMA) relating to the admissibility of evidence of what occurred during a mediation. Generally (with some exceptions) at Common Law anything said or done in mediation is inadmissible…