Developing the Field

ADR, Artificial Intelligene, Conflict, conlfict coaching, Creativity, Developing the Field, Dispute Resolution, Flexibility, Future of mediation

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

  I’ve just been in London presenting at the terrific UIA Mediation Forum  and my daily train travels constantly exposed me to this image. As the conference themes developed, the image took on an even more significant meaning for me. Let me explain. An early speaker, Kimberlee Kovach (Founding Officer and Past Chair of the…

Arbitration, Creativity, Developing the Field, Dispute Resolution, Due Process, ICSID, International commercial mediation, Investor-state mediation, Legislation, Med-Arb Clauses, mediation process, Mediators’ Conduct, National Mediation Laws, New York Convention, Role of Mediator, Settlement Agreements

(Strategic Resolution)/ /1 Comment

Rafal Morek’s post last month, Investor-state disputes: how arbitration and mediation can intertwine to provide more resonant solutions, emphasized the increasing use of mediation to resolve investor-state disputes, albeit still confined to a small number of cases under the International Centre for Settlement of Investment Disputes (ICSID) Convention. As the late Professor Derek Roebuck noted…

Brazil, Developing the Field, Dispute Resolution, Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

As I mentioned before in some posts here at Kluwer, according to the Brazilian National Council of Justice, there are close to 90 million lawsuits currently in course in the country. Moreover, on average, it takes around 10 years for a lawsuit to reach closure if all appeals have been exhausted. Interestingly enough , one…

ADR, Australia, Civil rights, Commercial Mediation, Conflict, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Due Process, Experience, Future of mediation, History of mediation, Legal Issues, Legal Practice, Legislation, Litigation, Mandatory mediation, Mediation Lawyering, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation, Promoting Mediation, Regulation, Understanding mediation

(Strategic Resolution)/ /Leave a comment

Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt[1]. In his paper “Varieties of Dispute Processing”, presented to the 1976 Pound Conference, Harvard Professor Frank E.A. Sander proposed that, instead of…

Conflict, Developing the Field, Gender, mediation as a career, Mediation Practice, Mediation Training, Personal Development, Uncategorized, Values and attributes of a mediator

(University of Strathclyde)/ /Leave a comment
Research
Three people negotiating at a table

Soon after I started mediating, a client said “This must be a really satisfying job, when it’s successful.” I remember thinking it’s really satisfying even when it isn’t. This was my first glimpse of a question that has fascinated me ever since: what makes mediators tick? Why would anyone place themselves in midst of other…

ADR, Developing the Field, Ethics, Experience, Future of mediation

(University of New South Wales)/ /4 Comments

Dispute resolution competitions are a rich learning space for students. My 15+ years coaching teams from my university to compete internationally were a rich experience for me and I enjoy continuing opportunities to be part of the competition community nationally and internationally. It has also been my great good fortune to observe and judge hundreds…

Developing the Field, Gender, peace negotiations

(ADR Center Romania) and (Lawyer & International Accredited Mediator)/ /2 Comments

This blog was written by Petra Drgoňová (Lawyer & International Accredited Mediator) and Constantin Adi Gavrilă. Gender equality, the state of men and women having equal rights, responsibilities and opportunities, represents a vital prerequisite for a peaceful, prosperous and sustainable world. The relevance of gender equality has been recognized by major societal actors across numerous…

Developing the Field, Mediation Practice, Mindset, Practical Challenges for Mediators, Reflective Practice

(University of New South Wales)/ /2 Comments

Insomnia drove me to a late-night television binge recently and I watched a rerun of  Pretty Woman, the 1990 movie starring Julia Roberts and Richard Gere. For those of you yet to see this movie, its great strength is that it offers lines that are useful for almost every moment of your life. ‘You must…

Communication, Decision making, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Opt-Out, Promoting Mediation, Public Policy, Scotland

(University of Strathclyde)/ /1 Comment

The idea of using insights from behavioural science to achieve desirable policy goals burst into popular consciousness with the publication of Nudge: Improving Decisions About Health, Wealth, and Happiness (R Thaler and C Sunstein, Yale University Press, 2008.) It describes the appealing notion that people can be encouraged to make good choices by the way…

ADR, Brazil, Cooperation, Developing the Field, Dispute Resolution, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

The inspiration to write this article came from a film I watched recently – The Whale – starring Brendan Fraser, who plays an obese man leading an extremely sedentary life. In my opinion, his character’s (Charlie) physiognomy is one of the elements that captures the story narrative. Again, the inspiration to write the article, after…