ADR

ADR, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Lawyering, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

I have written before in this blog about Scotland’s slow pace of change (http://kluwermediationblog.com/2012/05/12/mediation-in-scotland-some-practical-questions-and-a-nudge-in-the-right-direction/). A naturally cautious nation, our ‘old world’ response to new ideas has generally been ‘what’s wrong with the old ones?’ I was comforted by Constantin-Adi Gavrila’s recent post on this blog which underlined that Scotland is not the only European nation…

ADR, Commercial Mediation, Europe, International Mediation, Skills, Success in mediation, Uncategorized, Understanding mediation

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

The annual ICC Commercial Mediation Competition is about to kick off in Paris, France on 7 February 2014 and as I write this 500 students from over 40 countries will be making their way to The City of Light by trains, planes and bus. Teams are drawn from law and business schools across the globe and…

ADR, Dispute Resolution, General

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

Dear Readers, Welcome to 2014. In Hong Kong and the rest of the Chinese world this time of year represents a special type of temporality between the Western and Chinese New Year’s celebrations. This week, when people are wishing me a Happy New Year, I cannot be sure whether they referring to 1 January which…

ADR, Business, Commercial Mediation, Corporate Counsel's View, Dispute Resolution, Efficiency, General, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

It is almost a consensus nowadays that large and small companies, regardless of their business activity or industry segment, must integrate in their corporate and operational strategies a variety of social, economical, and environmental elements in order to not only effectively satisfy all stakeholders, but also to remain sustainable and competitive in the long run….

ADR, ADR Clauses, International Mediation, Med-Arb Clauses, Mediation Contract Clause, Regulation

(CMS)/ /1 Comment

On December 4, 2013, the ICC launched the new Mediation Rules which will replace the 2001 ADR Rules as from January 1, 2014. In the words of Hannah Tuempel, Manager of the ICC International Centre for ADR, “there’s no earth-shaking new change to the rules”. At the global launch event last Wednesday, ‘simple’ and ‘flexible’…

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…

ADR, Conflict, Dispute Resolution, Efficiency, General, Mediation Outcomes, Mediation Practice

(Mediar360 - Dispute Resolution )/ /Leave a comment

As mentioned in a previous post, this month I will briefly talk about two high profile cases from the corporate sector which helped to improve mediation awareness in Brazil and, due to its widespread coverage, provided the general public clear examples of how it is possible to fix complex legal problems by not letting our…

ADR, Cross-cultural, Dispute Resolution, Efficiency, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Status

(ADR Center Romania)/ /2 Comments

In the past 20 years or so, we witnessed an intensification of the litigation rate as the world became more globalized and people saw lawsuits as the only real alternative to a negotiated agreement. That created high caseloads, extended periods of time until final judgments, discouraging high litigation costs, dissatisfaction with the outcomes and lack…

ADR, Arbitration, Commercial Mediation, Developing the Field, mediation as a career

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Each September for the past 11 years, Cologne University, under the auspices of CENTRAL (the Center for Transnational Law: http://www.central.uni-koeln.de), and in Association with the German Institution of Arbitration (DIS: www.dis-arb.de) has hosted a Summer Academy in International Commercial Arbitration. More recently – 8 years ago – an academy on mediation was added, to run…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.)

(Mediar360 - Dispute Resolution )/ /Leave a comment

After a long wait, Corporate Mediation is slowly becoming recognized as an important settlement tool outside the small circle of current practitioners and enthusiasts, reaching a widespread audience which was unimaginable in Brazil not long ago. Among other evidence, a regulatory framework for Corporate Mediation is currently being debated at the Brazilian Senate, the traditional…