Role of Mediator

Arbitration, Creativity, Developing the Field, Dispute Resolution, Due Process, ICSID, International commercial mediation, Investor-state mediation, Legislation, Med-Arb Clauses, mediation process, Mediators’ Conduct, National Mediation Laws, New York Convention, Role of Mediator, Settlement Agreements

(Strategic Resolution)/ /1 Comment

Rafal Morek’s post last month, Investor-state disputes: how arbitration and mediation can intertwine to provide more resonant solutions, emphasized the increasing use of mediation to resolve investor-state disputes, albeit still confined to a small number of cases under the International Centre for Settlement of Investment Disputes (ICSID) Convention. As the late Professor Derek Roebuck noted…

Book Review, Conflict, Dispute Resolution, Economics, Future of mediation, Game Theory, History of mediation, International Mediation, Leadership, Mediation and Society, Mediation Practice, mediation traditions, peace negotiations, Role of Mediator, Uncategorized, Understanding mediation

(Core Solutions Group)/ /4 Comments

The Magic in Mediation This is a longer blog post than is normal but I will not be alone in describing Ken Cloke as one of the most influential figures in my life, both professionally and personally. Ken’s wisdom and humanity, expressed so well in his many books and seminars, have been hugely important to…

ADR, Arbitration, Dispute Resolution, Future of mediation, Intellectual Property, International commercial mediation, lawyers in mediation, Legislation, Med-Arb Clauses, mediation process, Mediation Reforms (Legislation, etc.), Role of Mediator, user perspectives

(Strategic Resolution)/ /Leave a comment

One of the important things that struck me about Dr. Anna Howard’s brilliant research into Mediation is the discovery that the General Counsel she interviewed for her project feel disappointed that the promise of mediation has not been realized. I feel the same disappointment – although my disappointment has a somewhat different source. What seems…

Dialogue, Dispute Resolution, Experience, ICC Mediation Competition, Intuition, Leadership, mediation models, Mediation Practice, mediation process, Mediation Skills, Mediator's Image, Neuro-Linguistic Programming, Patience, Personal Development, Role of Mediator, Skills, The role of the mediator, Values and attributes of a mediator

(Strategic Resolution) and (University of New South Wales)/ /Leave a comment

On the first day of this year the international mediation community lost a wonderful friend and colleague. The memorial page established by his family shows just how wide and deep the affection reaches. He provided memorable experiences to so many of us. And whilst we both certainly remember (and enjoyed) his joie de vivre, the…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Mediators’ Conduct, Role of Mediator, SIDRA Survey, Singapore Convention on Mediation

(Singapore Management University)/ /Leave a comment

The introduction of the Singapore Convention on Mediation (SCM) last year has intensified the long-standing debate on professional mediator standards. A previous blog post called for China to streamline its legislation on commercial mediation, and another spoke of the prospects of proliferating and harmonizing standards in the Middle East. The idea of a global mediator…

Confidentiality, Conventional wisdom, Creativity, Experience, Flexibility, Hong Kong, mediation as a career, Mediation Practice, Role of Mediator, Skills

(Kwok, Ng & Chan, Solicitors & Notaries)/ /1 Comment

Those who have practised theatre may have heard of Constantin Stanislavski’s “An Actor Prepares” – a book on acting published in 1936. The book is popular in Hong Kong not only among those in the performing art but also fans of the Asia famous Hong Kong comedian,  Stephen Chow, who posed to be reading the…