ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, lawyers in mediation, Leadership, Mediation and Society, Mediation Practice, Practical Challenges for Mediators, Promoting Mediation, Transformation
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Keeping out of prison – a lesson for mediators!
The recent post by Ting-Kwok IU examined the Hong Kong Ordinance designed to protect children from abuse and to protect some professionals (excluding mediators) for reporting such abuse. This has put me in mind of section 316 of the New South Wales Crimes Act, which makes it a crime for an adult who fails, without…
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
‘Switching hats’ – supporting disputants in finding the most appropriate process
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…
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Saying goodbye to Halsey – at last!
Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt[1]. In his paper “Varieties of Dispute Processing”, presented to the 1976 Pound Conference, Harvard Professor Frank E.A. Sander proposed that, instead of…
Court ordered mediation – some Australian developments
In a previous blog in 2018 , I commented on how Australian courts have approached their statutory power to order parties into mediation with or without their consent. In the recent case of Aversa v Transport for New South Wales (No 2) the judge had to decide whether to order mediation in a case involving…
Delving into what happens in mediation
Unless we ourselves are involved, whether as mediators, advisors, parties or support persons, we do not often find out what happened in a mediation because communications between the participants are predominantly confidential and “without prejudice”, so evidence of who said what to whom is inadmissible in court proceedings. One of the few exceptions in New…
'Money-only' Cases, Commercial Mediation, Creativity, Decision making, Dispute Resolution, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Neutrality, Practical Challenges for Mediators, Role of Mediator, Success in mediation
When all that remains is the fight over the money – how a ‘mediator bid’ can be helpful.
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From theory to practice – BATNA in the spotlight
As long ago as 1981, in the very first edition of Getting to Yes: Negotiating Agreement Without Giving In, Roger Fisher and William Ury proposed the following novel negotiation method: separate the people from the problem focus on interests, not positions invent options for mutual gain and insist on using objective criteria. Later…
The 2023 ICC International Commercial Mediation Competition – Reflections on important contributions from the past, the present and the future.
Every year since 2004, this competition has brought together law students, coaches and mediation professionals from around the world. The competition provides the opportunity for the students to demonstrate and improve their negotiation skills, a subject not taught to undergraduates of my generation. It also brings together numerous mediation professionals in a collegiate environment. In…
The Promise of Mediation – How Institutions Can Help
Today’s mediation scenario embraces a wide range of circumstances in which disputants of all kinds find themselves engaging with a mediator. Once it became apparent to lawyers and arbitrators that mediation could not be dismissed as a passing fancy, judges in various jurisdictions who were concerned to improve the judicial system to make it “just,…