Accreditation, Commercial Mediation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Lawyers, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Reform, Regulation, Singapore, Standards

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

So, dear Readers, This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore. On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial…

ADR Clauses, Business, Causes of Conflict, Combined Clauses

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

I don’t mean to argue against the undeniable wisdom of inserting a dispute resolution clause in a commercial contract at the drafting stage. Conventional wisdom says settle your disputes as early as possible – like bubbles off the ocean floor, conflict expands as it rises to the surface and finally explodes into the air. What’s not…

ADR, ADR Agreements, ADR Clauses, Conventional wisdom, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Technology

(AIG Legal Operations Center)/ /Leave a comment

This fall, I taught a course on “Managing Litigation for Corporations” at the Straus Institute. The following post is a summary of some insights that came out of the experience. I felt that this was important to share with you, as it evidences attitudes of those about to enter the field and the challenges in…

Mediation Practice, Understanding mediation

(NZ Centre for ICT Law & School of Law, Auckland University)/ /2 Comments

The title of this blog stems from an exercise I engaged in with my Negotiation and Mediation class towards the end of the semester, in which we sought to bring some of the threads of the preceding weeks together. In part, it was my attempt to create not so much a model as a convenient…

Creativity, General, Improvisation, Planning, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

Recently I had contact with the Design Thinking process, which is a creative problem solving approach that attempts to bring together tools and techniques from several disciplines and apply them to real problems or challenges. Although it follows no real pattern, as each situation requires unique approaches and solutions, a simple framework can be applied…

Apology, Commercial Mediation, Conventional wisdom, Deal Mediation, Mediation Lawyering, Skills, Success in mediation

(Weiler ADR Inc.)/ /2 Comments

What constitutes effective mediation advocacy? Litigation lawyers in an ever-increasing number of jurisdictions around the world understand that mediation is becoming or has become the primary dispute resolution forum and thereforenaturally are interested in acquiring and enhancing the knowledge and skills necessary to effectively represent their clients in the mediation process. Earlier this year the…

Causes of Conflict, Conflict, General, Practical Challenges for Mediators, Transformation

(National University of Singapore, Faculty of Law)/ /3 Comments

I recently had the pleasure of attending the Tan Pan [谈判 means “Negotiation” in mandarin] Symposium held in Hong Kong from 1-2 November 2013. This was organized by the International Institute for Conflict Engagement and Resolution (IICER) of the Hong Kong Shue Yan University. This symposium saw the launch of the Tan Pan Journal and…

Uncategorized

(Sabine Walsh Mediation)/ /3 Comments

In a one day survey of Domestic Violence Services provided in Ireland on this day last year (6 November 2012), the following statistics were recorded: 537 women and 311 children were accommodated and/or received support from a domestic violence service; 115 helpline calls were received from women; 117 women and 152 children were living in…

Appointment of Mediators, Below the line, Bias, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Evaluative Mediation, General, Language, mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Training, Transformation, Understanding mediation

(Bill Marsh Mediator)/ /7 Comments

Mediators deal in words – not exclusively, but a great deal (and perhaps sometimes too much, but that’s another blog). So it pays for us to think carefully about what words really mean. A couple of years ago, I came across an article entitled “US facilitation yes, mediation no: Omar”. It detailed how Pakistan, through…