Commercial Mediation

Commercial Mediation, Community Mediation, Decision making, Evaluative Mediation, Family Mediation, International commercial mediation, lawyers in mediation, mediation models, Mediation Practice, mediation process, Reflective Practice

(University of Missouri Center for the Study of Dispute Resolution)/ /1 Comment

A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension.  Despite critiques of this framework, including by Riskin himself, many mediators, trainers, and teachers still use these concepts as mediation models, expressing strong feelings that one model is good and the other is bad. These…

ADR, Australia, Commercial Mediation, Conflict, Creativity, Developing the Field, Dispute Resolution, Interests, International commercial mediation, lawyers in mediation, Mediation Practice, mediation process, Reflective practise, Skills, Training, Uncategorized

(University of New South Wales)/ /12 Comments

  The International Commercial Mediation Competition made a brave online appearance this year – the 16th year in which the ICC has delivered the most important competition of its kind in the world. For 15 of these 16 years it has been my privilege to be part of this experience as the coach for my…

Commercial Mediation, ICSID, International commercial mediation, Investor-state mediation, SIDRA Survey, Singapore, Singapore Convention on Mediation

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

The Singapore International Dispute Resolution Academy (“SIDRA”) issued the global International Dispute Resolution Survey: 2020 Final Report (the “SIDRA Survey”) on 3 July 2020, which studied the preferences, experiences, and perspectives of legal users (lawyers and legal advisers) and client users (corporate executives and in-house counsel) with regard to, among other mechanisms, international commercial mediation….

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

Book Review, Business, Causes of Conflict, Cognitive Bias, Commercial Mediation, Dialogue, Economics, Governments/Public Sector, Mediation and Society, Partnering, Public Policy

(Core Solutions Group)/ /Leave a comment

“The road to hell is paved with good intentions” was a saying I heard quite a few times while growing up, as another childhood wheeze bit the dust. I returned to it while reading Michal Sandel’s recent book ‘The Tyranny of Merit’, in which he takes a very critical look at the notion of meritocracy….

ADR, Commercial Mediation, Cooperation, Court Procedure and Litigation, Decision making, Dialogue, Dispute Resolution, Future of mediation, Litigation, Mediation and Society, Mediation Outcomes, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /4 Comments

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value. And this was a commercial situation, not a…

ADR, Brazil, Commercial Mediation, Consumer conciliation, crisis negotiatons, Dispute Resolution, South America, Technology, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /1 Comment

Just recently (November 4th), hackers attacked Brazil’s Superior Court of Justice (Superior Tribunal de Justiça – STJ). Not only they had access to the Court’s system and encrypted its entire database but also demanded ransom money to restore it. In other words, they succeeded in hacking one of the most centralized courts in the Brazilian…

Commercial Mediation, COVID-19, Uncategorized

(Strategic Resolution)/ /Leave a comment

Under Section 68 of the New South Wales Retail Leases Act, and in other Australian jurisdictions, parties to a commercial lease dispute may not sue until the applicant has obtained a certificate that mediation has failed to resolve the dispute or the court is otherwise satisfied that mediation is unlikely to do so. In response…

Appointment of Mediators, Cognitive Bias, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, ICSID, International commercial mediation, International Mediation, Investor-state mediation

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

Interest is growing in the use of mediation for investor-state disputes. Recent webinars on investor-state mediation (including SIDRA’s recent webinar) have explored ICSID’s new investor-state mediation rules, the role of the Singapore Convention for investor-state mediation and the need for further domestic legislation on mediation. Discussions at these virtual conferences have also emphasised the importance…

Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Mediators’ Conduct, Role of Mediator, SIDRA Survey, Singapore Convention on Mediation

(Singapore Management University)/ /Leave a comment

The introduction of the Singapore Convention on Mediation (SCM) last year has intensified the long-standing debate on professional mediator standards. A previous blog post called for China to streamline its legislation on commercial mediation, and another spoke of the prospects of proliferating and harmonizing standards in the Middle East. The idea of a global mediator…