Commercial Mediation

Apology, Bias, Clients, Cognitive Bias, Commercial Mediation, Confidentiality, Decision making, Dialogue, Dispute Resolution, Impasse, Interests, Joint Sessions, mediated settlement agreement, Mediation Agreement, Mediation Practice, mediation process, Mistakes, Neuroscience, Perception, Scotland, Stages of mediation, Stories, Uncategorized

(Core Solutions Group) and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

“Caminante, no hay camino, se hace camino al andar” “Traveller, there is no path, the path must be forged as you walk.” Antonio Machado, as quoted and translated in Daring Greatly, Brene Brown Those were two very long and eventful days. Though the prospect of reaching an agreement appeared remote – at best – at…

ADR, Commercial Mediation, Conciliation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Lawyers, Legal Practice, Litigation, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Singapore

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

The year 2016 has so far been a significant one for Singapore in the area of ADR. The opening of the Singapore Legal Year saw the Chief Justice of Singapore, Mr. Sundaresh Menon introducing various ADR-related initiatives in family justice cases and medical malpractice matters. This has been explored in a previous blog entry here….

ADR, Commercial Mediation, Conflict, Future of mediation, International Mediation, Online Mediation

(FORARB/Charles University)/ /4 Comments

  At the end of March, when I finally arrived back to  Prague after weeks full of traveling (I almost flew the globe around), I sat down and wanted to share with you some experiences I had having attended the Global Pound Conference Series launch in Singapore. Then I realized that the time did not…

Accreditation, ADR, ADR Agreements, Appointment of Mediators, Commercial Mediation, Conciliation, Confidentiality, cross-border mediation, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, UN and International Organizations, UNCITRAL, UNCITRAL Model Law

(Bill Marsh Mediator)/ /8 Comments

Cogniscenti (and readers of Ema Vidak-Gojkovic’s blog The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) will know that talks are ongoing in an attempt to see if it is possible to find a common system for the direct enforceability of agreements concluded in mediation. This is a…

Commercial Mediation, cross-border mediation, Cross-cultural, Developing the Field, EU Mediation Directive, Europe, International Mediation

(Sabine Walsh Mediation)/ /Leave a comment

It’s the first week of February and therefore ICC International Mediation Week, including the International Commercial Mediation Competition. Those, like myself, who can’t be there, and are following the proceedings on social media, will have also noticed the save the date notice issued for the 2nd International Mediation and Negotiation Competition at the CDRC in…

Cognitive Bias, Commercial Mediation, Communication, Creativity, Negotiation, Scotland

(Core Solutions Group)/ /Leave a comment

Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city, helping lawyers, judges and mediators to expand the use of mediation in commercial disputes, inspired by the excellent work there led by Asiyan Suleymanoglu and her colleagues. Working with one of the pioneers of mediation…

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, Commercial Mediation, Court Procedure and Litigation, Dispute Resolution, Future of mediation, Litigation, mediation as a career, Uncategorized, Young Mediators

(Singapore International Mediation Institute)/ /2 Comments
Young Mediators Initiative (YMI)

When someone asks me to explain what mediation is, I often find it easier to tell them what it is not. Sometimes I will start by asking them if they are familiar with litigation or arbitration, and use those modes of dispute resolution as a point of comparison. I often see workshops and seminars introduce…

Australia, Commercial Mediation, Domestic Courts, Governments/Public Sector, Judges as mediators, Jurisdiction, Mediation Institutions and Rules, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…