Australia, Dispute Resolution, Future of mediation, Mediation, Mediation and Society, Mediation Practice, Mediation wisdom, Online Mediation, Uncategorized

(Strategic Resolution)/ /Leave a comment

Online processes in all professions soared during Covid. The legal profession was transformed. A multitude of online mediation platforms miraculously appeared and mediators barely skipped a beat. Benefits emerged – especially in a geographically vast continent like Australia – where advocates and their clients in distant locations saved significant costs in time, travelling expenses and…

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…

Confidentiality, Mediation Practice, Online Mediation, shuttle mediation, War Stories

(Strategic Resolution)/ /1 Comment

Setting the scene Having participated in mediations only as a mediator, trying to be polite and respectful while appearing to be confident when actually terrified, I recently found myself participating in a mediation as a supporter of one of the parties, a friend of mine in a difficult situation. Engaging with the mediator The mediator…

ADR, Conflict, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Global Pound Conference Series 2016-17, Legal Issues, Mandatory mediation, Mediation Reforms (Legislation, etc.), Public Policy, Reform

(Strategic Resolution)/ /Leave a comment

As mentioned in my last blog , the UK Civil Justice Council, in its June 2021 Report on  Compulsory ADR , endorsed the idea, contrary to the ruling in the notorious Halsey case, that unwilling parties in dispute may lawfully and appropriately be compelled to participate in a DR process such as mediation. (As an…

ADR, Litigation, Mandatory mediation, Mediation and Society, Mediation Institutions and Rules, mediation models, Mediation Practice, Uncategorized

(Strategic Resolution)/ /Leave a comment

On July 12, 2021 the UK Civil Justice Council published its Report on Compulsory ADR . It considered first whether parties to a civil dispute in England and Wales may be compelled to participate in an ADR process. As to this question, it will be recalled that, in the Court of Appeal decision in Halsey…

lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, United States

(Strategic Resolution)/ /Leave a comment

Good Faith is part of the Mediator’s mantra. Our opening addresses are full of it and it is something we regularly remind parties and their lawyers is an important element in rebuilding fractured relationships and achieving durable resolution. But sometimes it becomes obvious that Good Faith is missing in action. A very useful new article…

ICC Mediation Competition, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Success in mediation, The role of the mediator

(Strategic Resolution)/ /Leave a comment

I was delighted to be approached to collaborate on this post by Dima Alexandrova, mediator and attorney-at-Law, founder of AdimaLaw practice in Sofia Bulgaria. She has experience in the ICC Paris and other competitions both as a participant, judge and coach. She has some interesting ideas to assist students in such competitions to make best…

Accreditation, Developing the Field, Ethics, Experience, Experts, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Mediators’ Conduct, Surveys, Training, Values and attributes of a mediator

(Strategic Resolution)/ /2 Comments

Given the confidential nature of mediation, it is a rare set of circumstances that allow us to catch a glimpse into the mediator’s craft. The current review of the professional standards governing Australia’s accredited mediators provides one such opportunity, The review seeks, to the extent permissible, to uncover what practitioners are actually doing, including the…

Commercial Mediation, COVID-19, Uncategorized

(Strategic Resolution)/ /Leave a comment

Under Section 68 of the New South Wales Retail Leases Act, and in other Australian jurisdictions, parties to a commercial lease dispute may not sue until the applicant has obtained a certificate that mediation has failed to resolve the dispute or the court is otherwise satisfied that mediation is unlikely to do so. In response…