Mediation Schemes (In Courts, etc.)

ADR, cross-border mediation, Dispute Resolution, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, Future of mediation, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, New York Convention, Online Mediation, Public Policy, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Training, UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation, user perspectives

(International Mediation Institute)/ /Leave a comment

The next session of the UNCITRAL Working Group II that will continue to consider whether there should be a convention to enforce commercial cross-border mediation settlements will be in Vienna, Austria the week of September 19, 2016. On September 21, there will be a free evening program when 2 panels will answer questions relating to…

ADR, Clients, Court Procedure and Litigation, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/

[A talk given at the recent “100 cases” event in Glasgow to celebrate two years of small claims mediation provided by Strathclyde Mediation Clinic. Judges in Scotland are known as “sheriffs”.] I’ve been rather enjoying my belated return to the small claims court. Like a kind of slow theatre, each Friday afternoon unfolds with impeccable…

India, Mediation Institutions and Rules, Mediation Practice, Mediation Schemes (In Courts, etc.), National Mediation Laws, Young Mediators

/ /Leave a comment

We have quite a heavy topic before us, but before we get into the weightiness of it, I’d like to begin with something more light-hearted. There is a TV commercial going around which begins with flashes of hard-hitting questions such as: what is the age of the universe? What is the meaning of life? Etc….

Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Family Mediation, Future of mediation, Global Pound Conference Series 2016-17, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Reform, Singapore

(National University of Singapore, Faculty of Law)/ /Leave a comment

11 January 2016 saw the opening of the Singapore Legal Year. As is tradition, the Chief Justice of Singapore, Mr. Sundaresh Menon delivered his address to the legal fraternity. In his address, there were a number of initiatives relating to mediation which the writer would like to provide readers an update on. The Chief Justice…

Australia, Commercial Mediation, Domestic Courts, Governments/Public Sector, Judges as mediators, Jurisdiction, Mediation Institutions and Rules, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…

ADR, Appointment of Mediators, Arbitration, Clients, Cognitive Bias, Commercial Mediation, Court Procedure and Litigation, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Litigation, Mediation Contract Clause, Mediation Lawyering, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Pre-arbitration Dispute Settlement Procedures

(Bill Marsh Mediator)/ /9 Comments

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

ADR, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Judges as mediators, Mediation Schemes (In Courts, etc.), Singapore

(National University of Singapore, Faculty of Law)/ /Leave a comment

I’d like to spend this month’s blog entry providing an update on a Singapore development. On the 4 March 2015, there was the launch of the State Courts Centre for Dispute Resolution by the Chief Justice of Singapore, Mr. Sundaresh Menon. At the same time, Thomson Reuters also launched their book “Mediation in Singapore: A…

Developing the Field, Efficiency, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Online Dispute Resolution (ODR), Online Mediation, Reform, Technology

(NZ Centre for ICT Law & School of Law, Auckland University)/ /3 Comments

In his 1956 text, The Queen’s Courts, Sir Peter Archer suggested that the development of the Courts was more organic than by design, and – though he doesn’t say as much – more pragmatic than principled. He calls on Topsy’s response to Ophelia in Uncle Tom’s Cabin, to suggest that, like Topsy, they “just grow’d”….

Developing the Field, Future of mediation, Ireland, Lawyers, Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Regulation

(Sabine Walsh Mediation)/ /Leave a comment

A couple of years ago in January I wrote a post on likely developments in Ireland in the New Year which, if I recall correctly, had the expression “High Hopes” in the title. Those hopes related primarily to the publication of a new, comprehensive piece of legislation on mediation and the impact it might have…

Costs in Mediation, Court Procedure and Litigation, Litigation, Mediation Schemes (In Courts, etc.)

(CMS)/ /2 Comments

An apple a day keeps the doctor away. The judiciary in the Big Apple took an important step for promotion of mediation. On July 28, the Commercial Division in New York County Supreme Court introduced a pilot mandatory mediation program. In 1993 New York pioneered in creating a specialized commercial court to handle complex business…