Commercial Mediation

Commercial Mediation, EU Mediation Directive, Future of mediation, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), Opt-Out, Workplace Mediation

(ADR Center Romania)/ /2 Comments

This post was drafted by Leonardo D’Urso, Julia Radanova, and Constantin Adi Gavrila. Introduction In the variegated landscape of European legal systems, mediation has often been overshadowed by traditional litigation. Yet, the winds of change are blowing, particularly with the emergence of soft mandatory mediation models. Among these, Italy’s opt-out model stands as a beacon…

Commercial Mediation, Investor-state mediation, Mediation Training, Middle East, New York Convention, Promoting Mediation, United Nations Convention on International Settlement Agreements Resulting from Mediation

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

The United Nations Development Programme (UNDP), supported by the European Union, established a “Support to Justice Initiatives Curbing Corruption and Promoting Commercial Dispute Resolution Programme” in Iraq in 2021. As part of that programme, the UNDP organised two intensive courses in commercial mediation for university law faculties in January and February 2024, taking place in…

Commercial Mediation, ICSID, Uncategorized

(Chief Content Strategist at The Moot Court Bench)/ /2 Comments

Efficient and robust dispute resolution mechanisms are imperative to promote foreign investments in a State; with Sri Lanka steadily recovering from an economic crisis, this is vital in creating an investor-friendly environment. Investor-State Mediation (ISM) is an Alternative Dispute Resolution (ADR) mechanism that provides host states and foreign investors with a high degree of autonomy,…

ADR, Australia, Civil rights, Commercial Mediation, Conflict, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Due Process, Experience, Future of mediation, History of mediation, Legal Issues, Legal Practice, Legislation, Litigation, Mandatory mediation, Mediation Lawyering, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation, Promoting Mediation, Regulation, Understanding mediation

(Strategic Resolution)/ /Leave a comment

Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt[1]. In his paper “Varieties of Dispute Processing”, presented to the 1976 Pound Conference, Harvard Professor Frank E.A. Sander proposed that, instead of…

ADR, Commercial Mediation, Communication, Conciliation, Creativity, Dispute Resolution, General, Mediation Practice

(Kwok, Ng & Chan, Solicitors & Notaries)/ /2 Comments

Do you like this pair of cufflinks? This blog post is my sharing on how I had managed to purchase this pair of cufflinks in Melbourne.   I had taken a break in late October to travel to Melbourne to see my son who is doing a master’s degree there. On 26 October 2023, we…

ADR, Availability of Mediators, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, Singapore, Singapore Convention on Mediation, Standards, Success in mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

The Singapore International Dispute Resolution Academy (SIDRA) launched its International Dispute Resolution Survey: 2022 Final Report on 31 August 2022. The SIDRA Survey is commissioned by the Singapore Ministry of Law and is into its second iteration, with the first SIDRA Survey Report published in 2020.   The 2022 Final Report continues SIDRA’s global study…

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, History of mediation, Judges as mediators, Lawyers, lawyers in mediation, Litigation, Mandatory mediation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Training, Settlement Agreements, Standards, Training, Understanding mediation, user perspectives

(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…

China, Commercial Mediation, eBRAM, Online Dispute Resolution (ODR), Online Mediation, Opt-In, Reform, Regulation, UNCITRAL, United States

(Singapore International Dispute Resolution Academy) and (Yong Pung How School of Law (SMU))/ /Leave a comment

The launch of the Online Dispute Resolution (ODR) Collaborative Framework by the Asia Pacific Economic Council (APEC) is set to incentivise and conceivably revolutionise commercial dispute resolution across APEC economies. In this posting we explore the Framework, how it works, and why it’s important. What does APEC’s ODR Collaborative Framework seek to achieve? With a…

Bias, caucus, Caucus, Cognitive Bias, Commercial Mediation, Communication, Confidentiality, conlfict coaching, Decision making, Developing the Field, Dispute Resolution, Flexibility, Intuition, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Mediation Skills, Mediation Training, Negotiation, Practical Challenges for Mediators, Reflective Practice, Scotland, Stages of mediation, The role of the mediator

(Core Solutions Group)/ /3 Comments

It’s been a long time since I wrote a blog just about mediation practice. Other things always seem more important! However, as I was mediating this week, a thought occurred to me about a rather imperceptible but very real change in my practice as a mediator, which I develop here, albeit in a simplified way….