user perspectives

Cognitive Bias, Communication, Community Mediation, Creativity, Dialogue, Joint Sessions, Mediation and Society, Philosophy, Teamwork, Uncategorized, user perspectives

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

Julian Baggini’s recently published book “How the world thinks” is a history of global philosophy, looking at how thinking has developed in different places and times. In the introduction he highlights the importance of not just seeing something from another’s perspective, but trying to see what they are seeing as well. As he puts it:…

Community Mediation, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Neutrality, Practical Challenges for Mediators, Scotland, The role of the mediator, Uncategorized, user perspectives

(University of Strathclyde)/ /1 Comment

(This post is being republished because of technical problems when it was first published.) One of the key debates among mediators centres on the word ‘evaluation’. I’ve written about this before – see Has the evaluative label outlived its usefulness? I’m sure many readers are familiar, even bored, with the claimed polarity between facilitative and…

ADR, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Users/Clients, Promoting Mediation, user perspectives

(Independent Mediators)/ /Leave a comment

On 6 July I attended the finale of the Global Pound Series held in London, the last in the series of events held worldwide to an audience of over 2000 over 30+ events. I will say now I am not a mediator, I know you are asking why did I get asked to write a…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Particular Sectors (e.g. Construction, Banking, etc.), Research, user perspectives

(Victoria University of Wellington)/ /Leave a comment

I recently carried out New Zealand’s first empirical research on the users of commercial mediation. This is Part Three of a three-part study (Part One = the mediators, Part Two = the gatekeepers/lawyers). Getting to grips with what users think of commercial mediation is the Holy Grail for mediation professionals. Until now in New Zealand,…

ADR, ADR Agreements, ADR Clauses, Confidentiality, Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Practice, Mediation Users/Clients, Regulation, user perspectives

(Singapore International Dispute Resolution Academy)/ /2 Comments

Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to…

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, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

caucus, Joint Sessions, lawyers in mediation, mediation process, shuttle mediation, user perspectives

(Indian Institute of Arbitration & Mediation)/ /Leave a comment

“Mediation” in some Criminal Cases Recently (24th June 2015) a Judge of the Madras High Court (India) while hearing a bail appeal of a man convicted of raping a young girl, agreed to the bail request on condition that the man try “mediation” with the victim.[1]http://www.hindustantimes.com/india-news/madras-hc-gives-bail-to-rape-convict-to-mediate-with-victim/article1-1362173.aspx Mediation is aimed at marriage. “The case before us is…

caucus, Joint Sessions, lawyers in mediation, mediation process, shuttle mediation, user perspectives

(JAMS International)/ /Leave a comment

Market resistance to the use of joint sessions is best illustrated by data from a survey of JAMS neutrals conducted in April 2015. 76% of JAMS’s 300-plus neutrals responded, and the data show both a decline in the use of joint sessions, and a clear discrepancy between East and West Coasts. 80% of neutrals surveyed…