ADR

Accreditation, ADR, Arbitration, Corporate Counsel's View, Developing the Field, Mediation Users/Clients, Not-for-Profit Organizations (NGO), Reform, Standards

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This is the final posting of a 3-part series. Previous posts in the series noted the gathering tempest being whipped up by opacity in ADR practice. How can structural change help the ship steer towards modernity? User demand for more information and higher professional standards in ADR is unequivocal. An international institution is needed to…

Accreditation, ADR, Appointment of Mediators, Arbitration, Commercial Mediation, Confidentiality and Transparency, Corporate Counsel's View, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International Mediation

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Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations…

ADR, Developing the Field, Dispute Resolution, Future of mediation

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UIA World Forum of Mediation Centres took part in Prague from Friday June 7 to Saturday June 8 20013. What are the newest developments mentioned during the symposium? The beginning of the June 2013 was affected by heavily floods that stroke in all the Czech Republic and that threatened the Czech capital Prague. By coincidence,…

ADR, Arbitration, Clients, Commercial Mediation, Corporate Counsel's View, Dispute Resolution, General, India, Legal Issues

(Singapore International Dispute Resolution Academy)/ /2 Comments

This month of May witnessed the launch of the India International ADR Association (IIADRA). And what a blast it was! Judicial luminaries, leading lights of the legal profession, business leaders and politicians all descending upon the gorgeous port city of Kochi on the southwestern Indian coast in the state of Kerala. At first glance Kochi…

ADR, Developing the Field, General, Legislation, National Mediation Laws

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Ever since I started Law School, and for some years throughout my legal career, I was trained to work with the Win-Lose negotiation approach. Our legal culture glorifies the winners, but lacks conciliation alternatives. It provides no other alternative rather than seeking victory at the expense of the other parties. However, as soon as I…

ADR, Environmental Mediation, General

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“If we listen attentively, we shall hear amid the uproar of empires and nations, the faint fluttering of wings, the gentle stirring of life and hope. Some say this hope lies in a nation, others,in a man. I believe, rather, that it is awakened, revived, nourished by millions of solitary individuals whose deeds and words…

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

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Since 2010, when the Brazilian National Council of Justice (CNJ), the agency that controls and manages the quality of civil services rendered by the Brazilian Judiciary Power, issued Resolution no. 125 , the mediation market in Brazil became considerably more active. This new Public Policy provided instructions on the proper handling of conflicts within the…

ADR, Appointment of Mediators, Arbitration, Confidentiality, Dispute Resolution, Due Process, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), Pre-arbitration Dispute Settlement Procedures, Regulation

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In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011. Given the increasing interest in multi-tiered dispute resolution (MDR) processes such…