Developing the Field

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…

Developing the Field, Future of mediation, Mediation Practice, Promoting Mediation, Reflective Practice, Research

(Weiler ADR Inc.)/ /3 Comments

Michael Leathes in his recent  thought provoking post argues for the need for more “field-based” mediation research by which he means actual observations of the live action by skilled researchers.  He poses the questions: “Has the mediation world spent too long developing lab-based facts to suit its theories? Might it start to hone new theories…

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

(Corporate counsel & author)/ /15 Comments

Early in Sir Arthur Conan Doyle’s 1891 short story A Scandal in Bohemia, Sherlock Holmes gives Watson a lecture on the difference between seeing and observing. To test how well Watson understood, Holmes hands him an unaddressed, undated, anonymous letter that had just arrived on the doormat. It announced that an unnamed visitor would shortly…

Clients, Developing the Field, Experience, International commercial mediation, mediation as a career, Reflective Practice, The role of the mediator, Understanding mediation, Young Mediators

(Brick Court Chambers / Clifton Chambers)/ /2 Comments

As the global mediation community anxiously awaits the annual ICC mediation competition to be held in Paris next week, many students from universities around the world will be putting the finishing touches to newly acquired mediation skills and all-important competition strategies. For my part, coming to Paris as a member of the competition faculty is…

ADR, Arbitration, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Law, International Mediation, Legal Issues, Legislation, Mediation Reforms (Legislation, etc.), Singapore, UNCITRAL

, (Singapore International Dispute Resolution Academy)/ /2 Comments

For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from Mediation does not include provisions in relation to the ‘seat’ of mediation. Why, you may ask? The Convention includes no provisions on ‘seat’ simply because…

Commercial Mediation, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Mandatory mediation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Turkey

(Resolve Mediators and Dispute Resolution Experts)/ /1 Comment

January is the time of the year when we all reflect on the past experiences and set goals for the unfolding new year. From a mediation perspective, 2018 marked major positive developments in Turkey. Turkish mediation practice is developing quickly through the implementation of mandatory mediation. Rafal Morek mentions in his blog post how mandatory…

Developing the Field, Dispute Resolution, Future of mediation, Georgia, History of mediation, Mediation Practice, Promoting Mediation

(Resolve / New Vision University)/ /Leave a comment

This article has been inspired by Greg Bond’s recent article “Mediation Moves – A Conference, a Workshop, a Movement” and by the thought it has triggered: where have we moved in terms of mediation in Georgia? This thought coincided in timing with Tbilisi Mediation Days – a two-day international conference which took place on November…

ADR, Artificial Intelligene, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Online Mediation, Technology, Uncategorized

(University of Strathclyde)/ /6 Comments
Brexit negotiated!

In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. When Frank Sander coined the term ‘Alternative Dispute Resolution’ his relatively modest proposal placed…

Decision making, Developing the Field, Future of mediation, Mediation Practice, Public Policy, Reflective Practice, Scotland, The role of the mediator

(Core Solutions Group)/ /Leave a comment

My last blog reflected on an excellent mediation conference in Frankfurt on the Oder where the strength which comes from working together was clear. I started this present blog on the day that the EU agreed the terms of the UK’s departure from the organisation that has been such a significant part of Europe’s post-second…