Developing the Field

Clients, Developing the Field, Experience, Feedback, Language, mediation as a career, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Personal Development, Research, Skills, Success in mediation, The role of the mediator, Training, Uncategorized, user perspectives

(University of Strathclyde)/ /4 Comments
good mediation seen through a client's lens

“Like poets, but with less time” The Deep End Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading…

Developing the Field, Dialogue, Mediation and Society, Personal Development, Promoting Mediation, Reflective Practice, Skills, Training, Workplace

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Last week I was reading an essay by the American novelist Jonathan Franzen, and was struck by the following thought: “The essay’s roots are in literature, and literature at its best […] invites you to ask whether you might be somewhat wrong, maybe even entirely wrong, and to imagine why someone else might hate you.”…

cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Future of mediation, International Law, International Mediation, Legislation, New York Convention, Promoting Mediation, Singapore Convention on Mediation

(Meidanis Seremetakis & Associates)/ /Leave a comment

The forthcoming Singapore Mediation Convention aims at ensuring the international “direct” enforcement of Mediated Settlement Agreements (“MSAs”) worldwide (see the post by Nadja Alexander, on a short description of the Convention). This means that an MSA shall be enforced directly in any Singapore Mediation Convention contracting state, without a prior review or granting of enforcing…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Law, Legislation, Singapore Convention on Mediation

(Zhong Lun Law Firm)/ /Leave a comment

This post, the second of a two-part series, examines further potential problems of implementing the Singapore Mediation Convention in China and proposes corresponding solutions. The first post in this series considered three potential problems and this second post examines four further potential problems. 4. The SPC should establish an annual reporting system for cases pertaining…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Legislation, National Mediation Laws, UNCITRAL

(Zhong Lun Law Firm)/ /Leave a comment

On June 26, 2018, the United Nations Commission on International Trade Law (UNCITRAL) approved the final draft of the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Mediation Convention” or “the Convention”) at its fifty-first session. The Convention aims to promote international commercial mediation, and to establish a mechanism for the direct…

Developing the Field, Dispute Resolution, Future of mediation, Impasse, Mediation Practice, Negotiation

(Core Solutions Group)/ /Leave a comment

“If you had not held us back that evening, the deal would not have been done.” “Thank you and I wish you well.” In this post, I return to a familiar theme for mediators and for lawyers acting for clients in mediation: perseverance. The first of the two quotations above comes from a participant in…

Developing the Field, Dialogue, Future of mediation, ICC Mediation Competition, Promoting Mediation, Reflective Practice, Skills, Training, Transformation

(Bond & Bond Mediation / University of Wildau )/ /3 Comments

I was again privileged to be at the ICC International Commercial Mediation Competition in early February, which this time included a new event – an intergenerational round table, workshops for student and professional participants together. It began with an hour of dialogue around one table, where participants were asked to generate and discuss questions for…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Research

(Greg Rooney Mediator)/ /5 Comments

I wish to add to Michael Leathes’ recent post on his suggestion that more field-based research be done into the mediation product and Rick Weiler’s follow-up. There are really two distinct questions here. One relates to whether, with enough real-world research, we can put mediation in a nice box with a ribbon around it and…

ADR, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Legal Issues, Singapore Convention on Mediation

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

This post is part of a series on the UN Convention on Mediated Settlement Agreements Resulting from Mediation (the Singapore Convention on Mediation). In previous posts we have outlined the conventional view that Article 5 of the Singapore Convention establishes exhaustively all the possible exceptions to the enforcement of iMSAs that have otherwise have complied…

Developing the Field, Employment, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, mediation models, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), mediation traditions, Stages of mediation, Time Pressure, Uncategorized, Workplace Mediation

(University of Strathclyde)/ /Leave a comment
Time Limited Mediation

“It is pointless to do with more what can be done with fewer.” William of Ockham A colleague recently asked me to present a workshop to employment mediators on ‘Time Limited Mediation.’ Until that moment, like Molière’s bourgeois gentleman realising he’s been speaking prose all his life, it hadn’t occurred to me that this was…