Commercial Mediation

Commercial Mediation, Confidentiality, Developing the Field, Enforcement, Enforcement of a Mediation Clause, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Institutions and Rules, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Settlement Agreements, Singapore

(National University of Singapore, Faculty of Law)/ /Leave a comment

In November 2013, the Ministry of Law Working Group on International Commercial Mediation delivered its report on developing international commercial mediation in Singapore. Amongst the key recommendations in this report were the creation of a mediation service provider for international matters (the Singapore International Mediation Centre), the creation of a mediation accreditation body (the Singapore…

Commercial Mediation, Conflict, Creativity, Decision making, International Mediation, Intuition, Language

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

While I haven’t been to the ICC competition for a few years, I am so looking forward to attending in early February. Paris in the dead of winter is magical. Those lonely 6am starts from an empty and frigid Charles de Gaulle Étoile on Paris Métro Line 1 are a right of passage for any aspiring mediator….

Bias, Brexit, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Decision making, Dialogue, Dispute Resolution, Future of mediation, Interests, Mediation Practice, mediation process, Neuroscience, peace negotiations, Promoting Mediation, Scotland, Training

(Core Solutions Group)/ /2 Comments

I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its uncertainty, tragedy, hope and opportunity. On that theme, my wife…

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…

Clients, Commercial Mediation, Developing the Field, Europe, Future of mediation, General, Mediation Practice, Mediation Reforms (Legislation, etc.), Scotland

(Core Solutions Group)/ /Leave a comment

This blog synthesises some remarks I have made recently to policy-makers in Scotland. As I reflect on things, there are a lot of issues in the civil justice system in my country which remain of interest and concern. Not least, the number of ordinary folk caught up in the court system, paying a lot of…

Appointment of Mediators, Commercial Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), India, Judges as mediators, Legislation, Mediation Practice, Particular Sectors (e.g. Construction, Banking, etc.), Regulation

(Indian Institute of Arbitration & Mediation (IIAM))/ /3 Comments

The Ministry of Corporate Affairs (MCA), Government of India, notified the “Companies (Mediation and Conciliation) Rules, 2016” on September 9, 2016. With the publication of these Rules, Central Government introduces a structure of setting up of a panel of mediators or conciliators who will have the role to communicate the view of each party in…

Brexit, Commercial Mediation, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Legal Practice, Mediation Practice, Particular Sectors (e.g. Construction, Banking, etc.)

(UCL Faculty of Laws) and (Serle Court)/ /Leave a comment

Earlier this month we published the first part of this two-part series on the mediation of competition law disputes. In this, the second part, Suzanne Rab, a barrister at Serle Court specialising in EU and UK competition law and regulation with a busy practice as a mediator, continues to share her insights on mediation in this niche…

Commercial Mediation, Developing the Field, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Regulation, UN and International Organizations, UNCITRAL

(UCL Faculty of Laws), (Singapore International Dispute Resolution Academy), and (Singapore Management University)/ /Leave a comment

“…the mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies. The failure to periodically step back and take stock of where we are and where we are going increases the likelihood of behavioural ‘drift’…

Commercial Mediation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (UCL Faculty of Laws)/ /Leave a comment

If you have been following this four-part series, you will be aware that Nadja Alexander, Anna Howard and I have been reflecting on a very current subject for the dispute resolution community: the enforceability of international commercial settlement agreements resulting from mediation. This week, the UNCITRAL Working Group II on arbitration and conciliation has been…

Commercial Mediation, Conciliation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Settlement Agreements, UN and International Organizations, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (UCL Faculty of Laws)/ /2 Comments

The 65th session of the UNCITRAL Working Group II on arbitration and conciliation in Vienna has commenced. Many mediators have been keenly monitoring the Working Group’s deliberations and discussions concerning the enforcement of international commercial settlement agreements resulting from conciliations (iMSAs). An unresolved but crucial question is the exact form that the final instrument should take….