Arbitration

ADR, ADR Agreements, Arbitration, Art, Commercial Mediation, cross-border mediation, Employment, Family Mediation, Language, United States

(FORARB/Charles University)/ /12 Comments

James Bond enters a casino where a beautiful girl is sitting at the bar. He approaches her, buys her a drink and makes his obligatory introduction: “Bond, James Bond…” After brief chatting, she asks him about his profession. Then, the usually reckless hero comes up with a cover story: “I am a mediator… Traveling to…

Arbitration, Australia, Commercial Mediation, Dispute Resolution, Due Process, Hong Kong, Legal Issues, Legislation, Med-Arb Clauses, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, The role of the mediator

(Strategic Resolution)/ /Leave a comment

(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…

ADR, Arbitration, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, Future of mediation, harmonisation of mediation law, International Mediation, mediated settlement agreement, New York Convention, Promoting Mediation, UN and International Organizations, Uncategorized, UNCITRAL, UNCITRAL Model Law

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

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements…

ADR, Arbitration, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Research

(Pepperdine University School of Law)/ /3 Comments

In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Recently, a series of day-long meetings styled as the Global Pound…

ADR, Arbitration, Europe, European Law, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Institutions and Rules, Mediation Users/Clients, Reform, Regulation, Uncategorized

(CMS)/ /Leave a comment

The European Commission has recently published a consultation document on the ‘Prevention and amicable resolution of disputes between investors and public authorities within the single market’. Industry associations, practitioners (e.g. lawyers, arbitrators, and mediators), civil society organizations, as well other citizens and organizations are invited to submit their contributions through an online questionnaire by November…

ADR, ADR Agreements, Arbitration, Conflict, Creativity, Football, Negotiation, Sport

(FORARB/Charles University)/ /Leave a comment

Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about. And then, arbitrator proposed a mediation window and asked the football coach: “OK, then… What do you really need? Surely not the small amount of money you are claiming?” After a moment of hesitation, claimant…

Arbitration, Commercial Mediation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Med-Arb Clauses, Pre-arbitration Dispute Settlement Procedures, UNCITRAL

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

Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its…

ADR Agreements, Arbitration, Commercial Mediation, Conciliation, Settlement Agreements, UNCITRAL, UNCITRAL Model Law

(Baker & McKenzie)/ /Leave a comment

“Nothing is more powerful than an idea whose time has come.” (V. Hugo) Slightly over a year ago, the United Nations Commission on International Trade Law (UNCITRAL) started working on an instrument to address enforcement of conciliated settlement agreements. Conceived as a mediation equivalent of the 1958 New York Convention, the proposed instrument would put…

ADR, Arbitration, Dispute Resolution, Evaluative Mediation, Med-Arb Clauses, mediated settlement agreement, mediation models, Mediation Outcomes, mediation traditions, Neuroscience, Scotland

(Core Solutions Group)/ /2 Comments

My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition. One topic which stimulated some forthright conversation was the use…

Arbitration, Business, Conflict, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, Greece, History of mediation

(FORARB/Charles University)/ /2 Comments

With the summer going on, many mediation practitioners are enjoying well deserved holidays. Yet for some of them, even this period of year is time for some pondering over dispute resolution. Should you be one of them, you may find the story of two half-brothers in ancient Greece as an interesting hint. This is the…