Court Procedure and Litigation

ADR, Court Procedure and Litigation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Regulation, Responsibility of States

(CMS)/ /Leave a comment

Even if in most jurisdictions it is still rarely practiced, a few areas of law exist in which mediation may provide as many benefits as it does in bankruptcy. A drastic increase in the amount of bankruptcy filings during the recent financial crisis has forced bankruptcy judges and attorneys to seek and employ various methods…

ADR, Arbitration, Confidentiality, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, EU Mediation Directive, Europe, Governments/Public Sector, harmonisation of mediation law, International Mediation, Legal Issues, Legislation, Mediation Contract Clause, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Regulation, Responsibility of States, Surveys, Uncategorized

(Pel Mediation)/ /Leave a comment

Promotion and legislation on mediation in The Netherlands Machteld Pel, Pelmediation I would like to present an update about the promotion and legislation on mediation in the Netherlands and the possible influence of promotion and regulation on the use of mediation. Since the end of the nineties, the promotion of ADR has been an active…

Accreditation, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Ethics, EU Directive on Mediation, Family Mediation, General, Ireland, Legislation, Mediation Reforms (Legislation, etc.), Reform

(Sabine Walsh Mediation)/ /1 Comment

As I sat down at my desk the other day to think about what to blog about this month, e- mails and text messages suddenly started pinging into my inbox giving me the rather exciting news that the Minister for Justice had just published the draft Mediation Bill, promised in the Programme for Government set…

ADR, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws

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

The modern mediation movement was established in Singapore in the mid-1990s. I say modern because historically, the population of Singapore (both indigenous and migrant) practiced their own forms of mediation. With colonization came the English common law and court system that unfortunately saw the reduction, if not demise, of these local forms of mediation. When…

ADR, Clients, Commercial Mediation, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Efficiency, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Practical Challenges for Mediators, Standards

(University of Strathclyde)/ /1 Comment

One of the privileges and perils of working as a mediator in Scotland is that we get a close-up view of developments in England and Wales. In an ideal world this should allow us (pop. 5 million) to learn from them (pop. 55 million): to pick the best innovations and avoid the failures. As I…

ADR, Book Review, Business, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Legal Practice, UN and International Organizations

(CMS)/ /Leave a comment

While the world becomes ever faster-paced, litigating business disputes are unchangeably slow. The recently published World Bank’s “Doing Business 2012: Doing Business in a More Transparent World” report shows that state court procedures in most countries remain lengthy, costly and complicated. Although this is not good news for anyone, as a side effect, the flaws…

ADR, Commercial Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Mediation Reforms (Legislation, etc.), Public Policy, Reform

(University of Strathclyde)/ /5 Comments

Scotland sits on the north-west fringe of Europe, and is probably best known for whisky, rain and heroic failure on football and rugby pitches. While part of the United Kingdom of Great Britain and Northern Ireland, many people don’t realise it has its own legal system. And why should they? Even English publications often talk…

Bias, Confidentiality, Confidentiality and Transparency, Costs in Mediation, Court Procedure and Litigation, Legal Issues, Legal Practice, Uncategorized

(Eleven Wentworth)/ /Leave a comment

1. Unlike the arbitral process where courts strive to distinguish between the concepts of a private process and a confidential process, the mediation process is indisputably and inherently confidential. But what happens if one party breaches this confidentiality during the mediation? In formal terms, can the act by one party in breach be treated as…

Accreditation, ADR, Availability of Mediators, Clients, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Ethics, EU Mediation Directive, Europe, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legislation, Mediation Act, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Public Policy, Reform, Regulation, Responsibility of States, Standards, Training

(ADR Center Romania)/ /Leave a comment

As an effect of the Romanian Mediation Law and the EU Directive, for the past years, the mediation profession is growing exponentially in Romania. To date, seven or eight thousand mediators took the basic training and almost three thousand became authorized by the Romanian Mediation Council while the other five thousand were mainly interested in…

Court Procedure and Litigation, Legal Practice

(First Mediation Corporation)/ /Leave a comment

The economic challenges facing society have finally hit the civil justice system. Courthouses have seen huge cutbacks, and San Francisco has all but shutdown civil jury trials. No one thought this was going to happen to such a venerable institution as the jury system, but in these difficult times, nothing is sacred. Reduced budgets translate…