ADR

ADR, Decision making, Efficiency, Feedback, Future of mediation, General, Mediation as a business, mediation as a career, Mediation Outcomes, Mediation Practice, Mentoring, Mistakes, Social intelligence, Tips

(FORARB/Charles University)/ /Leave a comment

“The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty.” – Winston Churchill Improving Habit of Thinking The popular quote attributed to the former British prime minister is easily adaptable to mediation. The optimistic mediator considers the mediated settlement probable and helps the parties by spreading the friendly and promising…

ADR, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Promoting Mediation, Research, Understanding mediation

(Corporate counsel & author)/ /5 Comments

My February 4, 2019 post What if Mediation Science Originated in the Real World? sparked much useful comment. Many people said they regretted the deficiency of negotiation and mediation field research, but were dismayed that I offered no proposals for fixing it. How, they asked, do you generate large-scale, real-life negotiation data? So, may I…

ADR, Developing the Field, Dispute Resolution, Future of mediation, Georgia, Legislation, Mediation Act, Mediation Practice, National Mediation Laws, Regulation

(Resolve / New Vision University)/ /2 Comments

“Courts should be the alternative!” – is the slogan coined by the Minister of Justice of Georgia voicing the Government of Georgia’s will to promote the use of out-of-court mechanisms of dispute resolution. And this is not only for domestic disputes. The Government has declared its will to promote Georgia as a regional center for…

ADR, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Litigation, Mediation and Society, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Practical Challenges for Mediators, Scotland, Stories, Uncategorized, Understanding mediation

(University of Strathclyde)/ /1 Comment
Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

ADR, Brazil, Co-mediation, Commercial Mediation, Dispute Resolution, lawyers in mediation, Young Mediators

(Mediar360 - Dispute Resolution ) and (Attorney at Law (New York Bar))/ /Leave a comment

Last month, we had the presence of Ahdieh (Ati) Alipour Herisi in Brazil as a judge for the occasion of the CPR International Mediation Competition . Ati is a young, enthusiastic and brilliant lawyer and mediator who was born in Iran and lived, studied and worked in many different places such as Los Angeles, New…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Singapore

, , (Singapore International Dispute Resolution Academy)/ /1 Comment

Whether we are talking about arbitration, mediation or litigation, it seems that international dispute resolution systems are evolving rapidly. Think of the recent emergence of international commercial courts in ascendant global cities like Dubai and Singapore, the new UNCITRAL spotlight on reforming of investment arbitration, the United Nation’s adoption of the Singapore Convention on Mediation…

'Money-only' Cases, Accreditation, ADR, Appointment of Mediators, Argument, Australia, caucus, Clients, Commercial Mediation, Conflict, Court Procedure and Litigation, Creativity, Dispute Resolution, Evaluative Mediation, Impasse, Interests, Joint Sessions, Judges as mediators, Lawyers, lawyers in mediation, Legal Issues, Litigation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Preparation, Set Aside a Mediated Agreement, Settlement Agreements, shuttle mediation, Success in mediation, The role of the mediator, Time Pressure, Understanding mediation

(Strategic Resolution)/ /Leave a comment

  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties. Here’s an example Mr. and Mrs. Studer moved…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Law, Legislation, Singapore Convention on Mediation

(Zhong Lun Law Firm)/ /Leave a comment

This post, the second of a two-part series, examines further potential problems of implementing the Singapore Mediation Convention in China and proposes corresponding solutions. The first post in this series considered three potential problems and this second post examines four further potential problems. 4. The SPC should establish an annual reporting system for cases pertaining…

ADR, Brazil, Class action, Dispute Resolution, mediated settlement agreement

(Mediar360 - Dispute Resolution )/ /Leave a comment

On January 25th 2019 Brazil experienced its largest industrial catastrophe, the collapse of a dam from Vale, one of the world’s largest Mining Company. The disaster devastated the town of Brumadinho, in Minas Gerais. It was of such magnitude that, until March 8th, the day I write this post, there were 193 confirmed deaths and…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Legislation, National Mediation Laws, UNCITRAL

(Zhong Lun Law Firm)/ /Leave a comment

On June 26, 2018, the United Nations Commission on International Trade Law (UNCITRAL) approved the final draft of the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Mediation Convention” or “the Convention”) at its fifty-first session. The Convention aims to promote international commercial mediation, and to establish a mechanism for the direct…