Despite half the country being under water, the first few weeks of 2014 have brought with them some new developments in mediation and related areas. While not all of these developments are welcome, one gets a sense that the need for change in many areas, including the legal system, is being acknowledged and acted upon…

From the Samoan Observer 28 August 2013 Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale. Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea…

While these mediations are commercial at heart, they beat with a cultural pulse and there is a sense of majesty as the Crown sits down to kōrero with Iwi … gather around, for the history of the real Middle Earth is not one of hobbits and magical rings, but of a people struggling to coexist in a…

Another new mediation venture in Scotland: last week saw the launch of University of Strathclyde Mediation Clinic (http://www.strath.ac.uk/humanities/lawschool/mediationclinic/ ). While by no means a new idea, it’s the first in this jurisdiction. The response took us by surprise. We were graced with the presence of the University’s Principal, a judge, lawyers, sponsors, advice agencies, academics…

Her Majesty’s Revenue & Customs (HMRC), a department of the UK Government responsible for the collection of taxes, published the results of its pilot ADR project evaluation. It has been testing a new way of resolving tax disputes, with the SMEs and individual taxpayers, since 2011. The way the scheme works is that an official…

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…

Armed with coloured paper, crayons and scissors, myself and nine other mediators spent a good portion of last Friday designing our “ideal” family conflict resolution service. While the background to this was, in part, recent and pending legislative change in the UK, some of which looks likely to impact negatively on families in conflict, these…

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…

Two stories currently making headlines in Canada provide the occasion to harken back to previous posts on this blog. Mediation Backlog – Ontario No-Fault Auto Insurance Disputes  In March of this year I blogged about the consequences of under-resourcing mandatory mediation programs. The Financial Services Commission of Ontario (FSCO) had (and still has) a huge…

The title of “Mediator” In Switzerland there are two main areas of intervention of the mediation and therefore two broad categories of mediators: the so-called “conventional” mediators and those who have a quasi-“judicial” function; the latter only intervene in the case where mediation replaces the judicial conciliation required in most civil litigation pursuant to Articles…