Surveys

Accreditation, Developing the Field, Ethics, Experience, Experts, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Mediators’ Conduct, Surveys, Training, Values and attributes of a mediator

(Strategic Resolution)/ /2 Comments

Given the confidential nature of mediation, it is a rare set of circumstances that allow us to catch a glimpse into the mediator’s craft. The current review of the professional standards governing Australia’s accredited mediators provides one such opportunity, The review seeks, to the extent permissible, to uncover what practitioners are actually doing, including the…

ADR, Corporate Counsel's View, Costs in Mediation, cross-border mediation, Developing the Field, Experience, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Online Mediation, Research, SIDRA Survey, Singapore, Surveys, Technology

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

This is the final part of a series of posts on The Singapore International Dispute Resolution Academy’s (‘SIDRA’) recently released International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’). The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international…

Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, SIDRA Survey, Singapore, Singapore Convention on Mediation, Surveys, Understanding mediation, user perspectives

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

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…

ADR, Arbitration, Developing the Field, Dispute Resolution, Experience, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Investor-state mediation, lawyers in mediation, Mediation Practice, Mediation Users/Clients, Research, Singapore, Singapore Convention on Mediation, Surveys, user perspectives

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

The Singapore International Dispute Resolution Academy (SIDRA) released its International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’) on 3 July. It is a compendium of the experiences and views of legal and client users from common and civil law jurisdictions on why and how they choose dispute resolution mechanisms to resolve cross-border disputes….

Policy, Surveys, Uncategorized

(ADR Center Romania) and (Pro Pact Mediation Association)/ /Leave a comment

With few exceptions, mediation is still used in less than 1% of the cases that are pending in the courts of justice from Romania and of other European Union member states. Public policies and adopted legislative solutions are not capable of generating a culture of dialogue, conflict prevention, or amicable settlement. In this context, the…

ADR, Dispute Resolution, Domestic Courts, Mandatory mediation, National Mediation Laws, Promoting Mediation, Research, Surveys

(Strategic Resolution)/ /2 Comments

In Australia we have long experience of compulsory mediation prior to litigation in cases where a presumed power imbalance exists – such as retail tenancy and farm debt disputes. However, compulsory mediation by order of a court has been a controversial topic, particularly amongst judges, most of whom do not have actual mediation experience and…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Regulation, Surveys

(Van Benthem & Keulen N.V.)/ /Leave a comment

Everywhere judicial policy makers are seeking new ways for the distribution of justice. In the Netherlands a project is underway to abolish all paperwork from the courts. Litigation will before long be conducted entirely digitally. In order to curtail government spending, experiments are being conducted to steer claimants away from the courts and become more…

Business, Corporate Counsel's View, Developing the Field, Future of mediation, lawyers in mediation, Legal Practice, mediation as a career, Surveys

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

Recently, Dr. Grant Morris of Victoria University in Wellington, New Zealand completed valuable research on the nature of private commercial mediation in New Zealand. The aim of the June 2016 research was to examine the commercial mediation market from a gatekeepers’ perspective – that inevitably meant lawyers were the main source of data. Commercial lawyers at…

Governments/Public Sector, Mediation Schemes (In Courts, etc.), Particular Sectors (e.g. Construction, Banking, etc.), Surveys

(CMS)/ /Leave a comment

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…

'Money-only' Cases, Appointment of Mediators, Availability of Mediators, Commercial Mediation, Conventional wisdom, Corporate Counsel's View, Dispute Resolution, Evaluative Mediation, Future of mediation, General, Instinct, Lawyers, Mediation Outcomes, Mediation Practice, mediation traditions, Skills, Surveys

(Brick Court Chambers / Clifton Chambers)/ /2 Comments

Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the process and butt out of the outcome. Recently there have been a number of calls for mediators to do more – more what is…