Mediation Schemes (In Courts, etc.)

Commercial Mediation, Developing the Field, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Legal Issues, Mediation Schemes (In Courts, etc.), Policy, Public Policy, Sport

(Weiler ADR Inc.)/ /1 Comment

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…

Accreditation, Mediation Schemes (In Courts, etc.), Status, Switzerland

(Esprit d’entente)/ /Leave a comment

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…

Apologies, Clients, Creativity, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, mediation models, Mediation Practice, Mediation Schemes (In Courts, etc.), National Mediation Laws, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…

Mediation Schemes (In Courts, etc.), Switzerland

(Esprit d’entente)/ /Leave a comment

Since 1 January 2007, the law governing the criminal status of Youth (youngsters) has introduced the possibility of mediation. In Geneva, the Youth Court may delegate certain matters to mediation pursuant to a “Directive”. Such a process allows the victim and the offender to participate voluntarily and actively in the resolution of the offense or…

Community Mediation, Court Procedure and Litigation, Developing the Field, Ireland, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Sabine Walsh Mediation)/ /1 Comment

I recently spent a very pleasant evening chatting to a German colleague over beer and toasted marshmallows. To my surprise, she prefaced much she had to say with the comment, “but sure mediation is much more established and better developed in Ireland than here (Germany)”. I was a bit puzzled by this perception, because as…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

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

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…

ADR, Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Mediation Schemes (In Courts, etc.), Surveys

(Bill Marsh Mediator)/ /Leave a comment

It’s never easy to get a grasp on national statistics for mediation. The closest we come in the UK is a biennial (that’s once every two years, not twice a year!) survey carried out by CEDR, for which I for one am very grateful. The latest survey results have recently been released and these are…

Dispute Resolution, Football, Mediation Schemes (In Courts, etc.), Particular Sectors (e.g. Construction, Banking, etc.), Sport

(CMS)/ /1 Comment

The 2012 UEFA European Football Championship kicked off yesterday. The final round of the 14th European Championship for national football teams (‘Euro 2012’) is being hosted by Poland and Ukraine between 8 June and 1 July 2012. As the world’s third largest sporting event, the UEFA Championship is equipped with an efficient ADR platform for…

Book Review, Developing the Field, Family Mediation, Governments/Public Sector, Ireland, Mediation Practice, Mediation Schemes (In Courts, etc.), Public Policy, Regulation, Training

(Sabine Walsh Mediation)/ /Leave a comment

This month I want to share with you a little gem of a mediation book, published late last year by the Irish state-funded Family Mediation Service (FMS). I wanted to review this book for two reasons – first of all, because it is an excellent publication which, though written in the context of the 25th…

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…