Confidentiality

Confidentiality, Court Procedure and Litigation, Enforcement, Legal Issues, Legislation, Mediation Practice, Mediation Skills, Mediator liability, Mediators’ Conduct, Practical Challenges for Mediators, Regulation

(Strategic Resolution)/ /Leave a comment

The recent post by Ting-Kwok IU examined the Hong Kong Ordinance designed to protect children from abuse and to protect some professionals (excluding mediators) for reporting such abuse. This has put me in mind of section 316  of the New South Wales Crimes Act, which makes it a crime for an adult who fails, without…

Confidentiality, Family Mediation, Hong Kong, Legal Issues, Mediation

(Kwok, Ng & Chan, Solicitors & Notaries)/ /1 Comment

Hong Kong has recently passed a piece of legislation with the good intention of protecting children from serious abuse and protecting the specified professionals for making the mandatory reports. Mandatory Reporting of Child Abuse Ordinance (Cap. 650) (“the Ordinance”) was gazetted on 19 July 2024 and it is understood that the legislation will come into…

ADR, Australia, Business, Confidentiality, Conventional wisdom, Developing the Field, Uncategorized

(University of New South Wales)/ /Leave a comment

One of the great professional satisfactions of being part of the mediation community is that it sits within a much wider cluster of non-adjudicative processes. This proximity to a broader cluster represents an opportunity for learning, experiment and the exercise of curiosity and investigation. In Australia, the cluster of which mediation is a part  includes…

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….

Confidentiality, Mediation Practice, Online Mediation, shuttle mediation, War Stories

(Strategic Resolution)/ /1 Comment

Setting the scene Having participated in mediations only as a mediator, trying to be polite and respectful while appearing to be confident when actually terrified, I recently found myself participating in a mediation as a supporter of one of the parties, a friend of mine in a difficult situation. Engaging with the mediator The mediator…

Confidentiality, Conventional wisdom, Creativity, Experience, Flexibility, Hong Kong, mediation as a career, Mediation Practice, Role of Mediator, Skills

(Kwok, Ng & Chan, Solicitors & Notaries)/ /1 Comment

Those who have practised theatre may have heard of Constantin Stanislavski’s “An Actor Prepares” – a book on acting published in 1936. The book is popular in Hong Kong not only among those in the performing art but also fans of the Asia famous Hong Kong comedian,  Stephen Chow, who posed to be reading the…

ADR, Brazil, Confidentiality, Confidentiality and Transparency, Dispute Resolution, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /Leave a comment

I am very glad to start today a 4 posts serie with my fellow Gustavo Carneiro, a lawyer and mediator who holds a Public Policy degree, analyzing the new brazilian General Data Protection Law, which will come into force in August 2020 and its application for ODR. Online Mediation and other ODR methods are getting…

Confidentiality, Public Policy

(Weiler ADR Inc.)/ /4 Comments

  A developing story here in Canada has raised concerns about whether the public should have the right to know the terms of a high profile, mediated settlement agreement involving the government of Canada. The case involves now retired Vice-Admiral Mark Norman, the former number two in the Canadian military. The detailed background of the…

Commercial Mediation, Confidentiality, Confidentiality and Transparency, Creativity, Disclosure, Efficiency, Improvisation, Interests, lawyers in mediation, Mediation Agreement, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Practical Challenges for Mediators, Reflective Practice, Stages of mediation, The role of the mediator, Uncategorized

(Core Solutions Group)/ /1 Comment

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…

Confidentiality, Confidentiality and Transparency, Disclosure, EU Directive on Mediation, EU Mediation Directive, Legal Issues, Legislation, Mediation Act, National Mediation Laws, Regulation, regulatory robustness rating for mediation, United States

(CMS)/ /Leave a comment

Confidentiality of mediation encourages parties to speak freely and openly. This is because they do not need to fear (or much less fear; ex natura confidentiality protections are never ironclad) that their words could be used against them when revealed to an outsider to the mediation process, such as a judge in a court or…