'Money-only' Cases, Commercial Mediation, Creativity, Decision making, Dispute Resolution, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Neutrality, Practical Challenges for Mediators, Role of Mediator, Success in mediation
Commercial Mediation
ADR, Availability of Mediators, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, Singapore, Singapore Convention on Mediation, Standards, Success in mediation
The Cross-Border Mediation Landscape: 2022 SIDRA Survey Final Report
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
Can we rely on judges to bring mediation into the mainstream?
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
APEC’s ODR Collaborative Framework
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
Reflections on Mediation in Practice and Bringing Parties Together
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….
Argument, Below the line, Clients, Commercial Mediation, Decision making, Dialogue, Experience, Framing, General, Joint Sessions, lawyers in mediation, mediation process, Mediators’ Conduct, Mistakes, Perception, Practical Challenges for Mediators, Tips, Uncategorized
Offers in Mediation, Busting the Myths
Offers in mediation are too often approached with all the coyness of gauche teenagers at a school dance (acknowledging that this metaphor may reveal too much about my own youth!). It need not be like this. Here are some thoughts to ease the pain. Going first is not weakness. All mediations require offers to be…
Commercial Mediation, Community Mediation, Developing the Field, Dispute Resolution, Family Mediation, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation traditions, Mindset, Negotiation, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation
Opening Statements in Mediation: what world are we making?
“The world is made, not found.” (W Barnet Pearce) I had been a mediator for about 10 years before I heard parties’ initial words described as their “opening statement.” This may surprise some readers, though probably not if they began, like me, in family mediation, nor community or workplace. Other descriptions are available, as our…
ADR, Bias, Commercial Mediation, Dispute Resolution, Game Theory, Mediation Outcomes, Mediation wisdom, Reality-Testing
What can mediators learn from Kleros, a platform which uses cryptocurrency and game theory to resolve disputes?
Kleros is a cryptocurrency dispute resolution platform. It uses crypto tokens and game theory to resolve real-world disputes. It follows an automated process with no discussion, no nuance, no probing questions. It seems to be at the opposite end of the dispute resolution spectrum to mediation. Yet I think there is something that mediators can…
ADR, Commercial Mediation, Deal Mediation, Decision making, Dispute Resolution, Intuition, Mediation wisdom, Uncategorized
The Ludic Fallacy
I teach an online course for lawyers to help them become more comfortable working with numbers. We spend quite a lot of time on litigation forecasting: assigning probabilities to different outcomes, combining these probabilities correctly and coming up with an overall estimated value for the claim. This is useful to frame the parameters for any…
Clients, Commercial Mediation, Creativity, Decision making, Developing the Field, Evaluative Mediation, Future of mediation
Reflections on not ‘Getting to Yes’
Reading Alan Limbury’s post last week on the value of the partisan challenged my thinking. Like all good challenges it provoked scrutiny of what I do as a mediator and where I consider I add value. As Alan’s partner in life and work it was particularly valuable to debrief his experience with him in greater…