ADR, Cognitive Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Efficiency, Fear, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Humorous Pieces, Intuition, Lawyers, Mediation Lawyering, Mediation Users/Clients, Scotland, Uncategorized

(University of Strathclyde)/ /3 Comments

We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back with marks and comments. It’s a familiar ritual with its own rhythm and reasoning. It can be viewed as arduous by both sides…

General, Mediation Practice, Practical Challenges for Mediators

(National University of Singapore, Faculty of Law)/ /Leave a comment

I recently had the opportunity to co-facilitate a training workshop with Tom Schaub of CMPartners and re-acquainted myself with a model of challenges that face leaders today. This is a model that was created by Ronald Heifezt and is captured in the book “Leadership Without Easy Answers”. I don’t pretend to be an expert on…

Efficiency, Skills, Success in mediation, Training, Young Mediators

(Ulrich Mediation)/ /1 Comment
Young Mediators Initiative (YMI)

Given the rapid expansion of the mediation field over the past several decades, an increasingly important question for young and aspiring mediators is whether it is worth the time and/or money to invest in what are, in many cases, quite extensive mediation and dispute resolution training programs that have popped up around the world. Common…

ADR, Appointment of Mediators, Arbitration, Clients, Cognitive Bias, Commercial Mediation, Court Procedure and Litigation, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Litigation, Mediation Contract Clause, Mediation Lawyering, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Pre-arbitration Dispute Settlement Procedures

(Bill Marsh Mediator)/ /9 Comments

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

Clients, Fear, Ireland, mediation as a career, Mediation Practice, Stories, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

Ireland is changing. It is changing at a pace that few would have anticipated. Recent weeks have seen the latest step in the process of building peace and reconciliation between Ireland and the UK with Prince Charles making a meaningful and moving visit to Mullaghmore, County Sligo, the site of the IRA bombing which took…

Causes of Conflict, Commercial Mediation, Communication, Conflict, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Governments/Public Sector, Impasse, Interests, Mediation Practice, Negotiation, Practical Challenges for Mediators, Public Policy, Scotland, Transformation, Uncategorized

(Core Solutions Group)/ /1 Comment

John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced and explored the concept of what is known as Nash equilibrium….

General, India

(National Law University Delhi, New Delhi)/ /Leave a comment

It is quite well recognized that India is not particularly a mediation-friendly country, and the corporate-legal community is yet to internalise commercial mediation as an alternate for dispute resolution. Despite the establishment of civil mediation centres across certain High Courts of the country, organised mediation has largely remained obscure in its application for larger disputes….

Communication, Decision making, Developing the Field, Ethics, mediation as a career, Mediation Practice, Understanding mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /4 Comments

“Recall that ‘ethics’ and ‘morals’ have different meanings. Morality is part of ethics, but ethics is a larger and more inclusive notion. Ethics is a response to the question, ‘What sort of a person should I be and how should I live my life?’ while morality is an answer to the question, ‘What are my…

ADR, Ireland, Lawyers, mediation as a career, Mediation Practice, Mediation Reforms (Legislation, etc.), Negotiation

(FORARB/Charles University)/ /1 Comment

Within this blog, we would like to familiarise you with the procedure of drafting and creating a complex mediation curriculum both from the inside and outside. Martin Svatos is one of the founders of this curriculum at the Charles University in Prague, and Sabine Walsh has accepted the invitation to give the final speech within…

Arbitration, Dispute Resolution, International Mediation, Litigation, Uncategorized

(International Mediation Institute)/ /Leave a comment

In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate…