ADR

Accreditation, ADR, COVID-19, Dispute Resolution, Online Dispute Resolution (ODR), Online Mediation, Skills, Technology, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

Online courses have been around on the internet for decades now. You can learn almost everything you want online, and multiple online learning platforms such as Udemy, Skillshare, Coggno, or Skillwise give you an infinite choice of courses that you can take from the comfort of your home, when you want, and at your own…

ADR, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Efficiency, Experience, Flexibility, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation, Patience, Preparation, Promoting Mediation, Reflective Practice, shuttle mediation, Success in mediation, Time Pressure, Transformation, user perspectives

(Bill Marsh Mediator)/ /20 Comments

For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…

ADR, Brazil, Confidentiality, Confidentiality and Transparency, Dispute Resolution, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /Leave a comment

I am very glad to start today a 4 posts serie with my fellow Gustavo Carneiro, a lawyer and mediator who holds a Public Policy degree, analyzing the new brazilian General Data Protection Law, which will come into force in August 2020 and its application for ODR. Online Mediation and other ODR methods are getting…

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…