ADR

ADR, Dispute Resolution, Domestic Courts, Legal Issues, Mediation Practice, Mediator liability, National Mediation Laws

(Strategic Resolution)/ /Leave a comment
[Picture credit: creative commons]

[Picture credit: creative commons] Court cases not only determine issues between litigating parties, they provide guidance for others facing similar situations. For mediators and for disputants alike, they can help us identify and avoid difficulties we might not have previously contemplated. Here’s one example In Robert Samuel McCosh v David A R Williams [2003] NZCA 192,…

ADR, Artificial Intelligene, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Online Mediation, Technology, Uncategorized

(University of Strathclyde)/ /6 Comments
Brexit negotiated!

In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. When Frank Sander coined the term ‘Alternative Dispute Resolution’ his relatively modest proposal placed…

ADR, Business, Disclosure, Due Process, Europe, European Law

(FORARB/Charles University)/ /Leave a comment

In the house of a poor man, a lizard was accustomed to come to the table and thereby kept himself alive on crumbs. During this time, everything went well with both the animal and the host whose fortune grew. When the farmer became rich, he became angry at the beast. One morning, he wounded it…

ADR, Communication, Dialogue, Dispute Resolution, Negotiation, Non-violent communication, Online Dispute Resolution (ODR), Online Mediation

(Mediar360 - Dispute Resolution )/ /Leave a comment

Online negotiators are often faced with the challenge of how to overcome barriers on communication. When in real life (or better, when in non digital life) body language, voice tone and appearance enrich the communication process giving more tools for both communicators to express and understand the message, therefore making any negotiation more fluid and…

ADR, Artificial Intelligene, Developing the Field, Gender, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Online Dispute Resolution (ODR), Online Mediation, Practical Challenges for Mediators

/ /1 Comment

This blog entry has its origins in two threads of conversation. First, as I write, we are just three weeks out from the 2018 Forum on Online Dispute Resolution, to be hosted by the NZ Centre for ICT Law and Auckland Law School. What has been an annual – even flagship – Forum is now…

ADR, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Lawyers, lawyers in mediation, Legal Issues, mediated settlement agreement, Mediation Practice, Reflective Practice, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

, (Singapore International Dispute Resolution Academy)/ /4 Comments

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…

ADR, Developing the Field, Europe, Legislation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Reform

(Meidanis Seremetakis & Associates)/ /2 Comments

It was only on the 31st of May when I published a blog on the new Greek mediation law. Just a few months later a part II, or rather a sequel, seems necessary. As discussed in my first blog on the matter, compulsory mediation was recently enacted in Greece by the new mediation law in…

ADR, Dispute Resolution, Mediation Practice, mediation process, Personal Development, Success in mediation

(Weiler ADR Inc.)/ /Leave a comment

You’re mediating an insurance matter. The angry and cynical male plaintiff wails, “They’re insulting me with this offer! But, what else should I expect from a f*****g insurance company!?” The “seen it all before” plaintiff’s lawyer wearily closes her laptop. “That’s it!”, she says. “We’re outta here unless you go back and get us a…

ADR, China, Co-mediation, Commercial Mediation, cross-border mediation, Developing the Field, Italy, Mediation Practice

(The Italy China Business Mediation Centre)/ /Leave a comment

A recent experience as co-mediator for the Italy China Business Mediation Centre  (a mediation centre jointly run by the Milan Chamber of Arbitration and CCPIT Mediation Centre) with a CCPIT (The China Council for the Promotion of International Trade) mediator from China in a commercial dispute between a Chinese company and an Italian company, has…

ADR, Appointment of Mediators, Bias, Decision making, Disclosure, Due Process, Ethics, Mediation Practice, Mentoring, Neutrality, Stories, Trust

(FORARB/Charles University)/ /4 Comments

In one of my recent cases, the question of impartiality appeared in quite an irregular way. It happened when I entered the mediation room where both parties were seated together with their lawyers. They were drinking coffee and making small talk. To my surprise, one of the lawyers looked quite familiar. Just for a moment,…