ADR

ADR, Arbitration, Conciliation, Dispute Resolution, Germany

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Mediation and conflict management often require the design of complex processes that might involve different interventions with different parties or stakeholders over considerable time. Consider mediation in the planning stages of public projects or mediation and facilitation involving communities involved in claims for compensation against governments or companies. Or consider mediation inside organisations, in which…

ADR, Enforcement, Legal Practice, Litigation, Mediation Outcomes, Singapore, Singapore Convention on Mediation

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

The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a…

ADR, Dispute Resolution, Legislation, National Mediation Laws, Promoting Mediation, Regulation, Uzbekistan

(SHERLAW)/ /Leave a comment

Introduction This post provides an overview of legal aspects of mediation in Uzbekistan. It will start with some brief historical background information and proceed to the analysis of the Law “On Mediation”, other relevant laws and amendments that were made to facilitate the use of mediation in Uzbekistan. Historical Background The use of various dispute…

ADR, Conciliation, Consumer conciliation, Dispute Resolution, Europe, Mandatory mediation, Mediation and Society

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Two days ago I attended a birthday party – one of Germany’s most active consumer conciliation bodies celebrated its ten-year anniversary. There was an interesting panel discussion on the role of consumer conciliation in Germany and in Europe, particularly given that the European Union has attempted to promote this service through its DIRECTIVE 2013/11/EU on…

ADR, Argument, Australia, Communication, Conflict, Creativity, Dispute Resolution, Mediation and Society, mediation models

(University of New South Wales)/ /3 Comments

  Kindergarten and conflict – Pre-school leadership in conflict resolution. Becoming a devoted Grandma has been a surprising and enriching learning experience for me. The early childhood teaching and learning regime in Australia (and across the world) is truly remarkable and is revolutionising how children engage with the world. An important element of this is…

ADR, cross-border mediation, Developing the Field, Dispute Resolution, ICSID, International Mediation, Investor-state mediation, Trade

(International Centre for Settlement of Investment Disputes)/ /1 Comment

Over the past decade, the concept of resolving international investment disputes through mediation has gained traction among States, practitioners and academics. This is seen in the significant number of recent investment treaties that refer to mediation either as a pre-condition to arbitration, or as a stand-alone mechanism for resolving disputes. Support for mediation is also…

ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Global Pound Conference Series 2016-17, Interests, Lawyers, Leadership, Mediation Institutions and Rules, Negotiation, Promoting Mediation, Skills, Training, user perspectives

(Strategic Resolution)/ /2 Comments

At a lunch at Globe House, Temple Place in London in early 2006 on a balcony overlooking the Thames, the host, Michael Leathes, then an in-house corporate counsel with some years of user experience in mediation and the arb-med hybrid, asked me and the others present – Jeremy Lack, Tina Monberg, Miryana Nešić and Irena…

ADR, Conflict, Dialogue, Dispute Resolution, Fear

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

People have very good reasons not to want to enter into dialogue with each other over conflict (with or without mediation). By this, I am not considering the rational choice that a dispute or conflict is “not suited” to mediation since the chances of a better outcome without amicable resolution are deemed higher. It is…

ADR, Dispute Resolution, Online Dispute Resolution (ODR)

(PRK Partners Law Firm)/ /Leave a comment

Online mediators are increasingly in demand in the first online state courts. However, with the inevitable emergence of artificial intelligence-aided online courts, what will the future role of these mediators be? What is the difference between online dispute resolution (“ODR”) and state online courts? The short answer is none. Only a few years ago ODR…

ADR, Commercial Mediation, Communication, Creativity, Dispute Resolution, Experience, Interests, lawyers in mediation, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Stages of mediation, Success in mediation, The role of the mediator

(Strategic Resolution)/ /1 Comment

Photo credit: Creative Commons Jean M.Mas 2/2007 Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages: Stage 1: “Who Did What to Whom”? Here parties (or their lawyers) follow the ritual of naming, blaming and claiming – recounting facts, providing evidence…