Cross-cultural

Conventional wisdom, Cross-cultural, Developing the Field, Dispute Resolution, Ethics, General, Growth of the Field (Challenges, New Sectors, etc.), insider and outsider mediators, mediation models, Mediation Practice, mediation traditions, omnipartiality in mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

Geoff Sharp’s recent blog posting, Biased is better and Partiality is In, challenges the conventional mediation wisdom that views impartiality and neutrality as hallmarks of the mediation process. Here impartiality refers to a disinterestedness in the outcome of the dispute and the absence of real and perceived conflicts of interest in relation to the matter….

ADR, Creativity, Cross-cultural, Developing the Field, General, Stories

(Singapore International Dispute Resolution Academy)/ /1 Comment

One year ago, on the 1 September 2012, The Kluwer Mediation Blog was launched with an inaugural posting by the then Minister for Justice in Slovenia, Ales Zalar. Right from the start, Ales challenged readers by offering fresh thinking about political applications of mediation: “Mediation stands for more democracy, which we all need, because it…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…

Apologies, Causes of Conflict, Clients, Conflict, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Memory and Illusions, peace negotiations, Practical Challenges for Mediators, Survivor, Transformation, Uncategorized, War Stories

(University of Strathclyde)/ /1 Comment

I find myself writing this blog from South Africa, at the annual conference of the International Association of Conflict Management – http://www.iacm-conflict.org/. It is a fantastic melting pot of ideas, bringing together a range of cultures and identities. Cultures, at first sight, seem to describe national and group identities: South African, American, French, Dutch, Tanzanian,…

Bias, Causes of Conflict, Communication, Conflict, Cross-cultural, General, Language, Practical Challenges for Mediators, Skills, Uncategorized

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

I have in previous posts referred to the distinction between direct and indirect forms of communication. Mediators will certainly have encountered these forms of communication before. Without seeking to offer a comprehensive or technical definition of what direct and indirect communication is, I would like to share some thoughts on this topic. First, it is…

Cross-cultural, General, Mediation Practice, Practical Challenges for Mediators

(National University of Singapore, Faculty of Law)/ /1 Comment

It is the end of semester at the Faculty of Law, National University of Singapore and I have just wrapped up the Mediation Workshop that I teach every year. This workshop is intended to equip senior law students with foundational skills of mediation and mediation advocacy through active learning activities like role-plays and reviews. One…

Cross-cultural, Developing the Field, International Mediation, peace negotiations

(Aina Blankson LP)/ /1 Comment

Globally, the political landscape is currently heated up and does not seem to be abating soon! All but two of the permanent members of the United Nations Security Council are gearing up for leadership changes this year and the pressure of election almost dictates the world’s socio-political space. China is in a transition with leadership…

Cross-cultural, Developing the Field, Europe, General, International Mediation, Mediation Practice, Training, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

It´s about the students and they did themselves proud with South Texas College of Law taking out the magnificent glass trophy – goodness knows how they got it past security at Charles de Gaulle.  Bar Ilan University (Israel) was runner up and there was not much in it. The beautiful people of the mediation world were…

ADR, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Particular Sectors (e.g. Construction, Banking, etc.), Practical Challenges for Mediators, Standards, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

The ICC International Commercial Mediation Competition is the only moot I know of devoted to international commercial mediation and it will take place in Paris in early February. It’s an annual event organized by the International Chamber of Commerce and has become the best excuse to travel to Paris, drink coffee and eat pastries on the…