Developing the Field

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Developing the Field, General, Lawyers, Mediation Practice, Mediators’ Conduct

(Linklaters LLP)/ /Leave a comment

We were pleased to see the recent launch of the Commercial Mediation Group covered by the Editor’s blogpost last month. So why set up the Group, what are we doing and where is this headed? As for the thinking behind the initiative, the Editor hit the nail on the head. For many years the ‘mediation…

Conflict, Developing the Field, General, Humorous Pieces, Mediation Practice, Practical Challenges for Mediators, Success in mediation, Training

(University of Strathclyde)/ /2 Comments

I was recently given an extraordinary birthday present: a day at the Nick Nairn Cook School (www.nicknairncookschool.com). Nick Nairn is one of Scotland’s most famous celebrity chefs, known for his respect for traditional Scottish fare, and as something of a foody I couldn’t think of a better way to spend a Saturday. I wasn’t disappointed….

Court Procedure and Litigation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Issues, Legal Practice, Mediation Lawyering, Mediation Practice, Negotiation

(Singapore International Dispute Resolution Academy)/ /2 Comments

It is a fact of life that lawyers will be involved in many mediations, particularly where they involve litigation matters. Despite initial reluctance to embrace mediation, the tide is turning as Sabine Walsh explains in her posting, Of Turkeys and Christmas – The Role of Lawyers in Mediation. A specialised form of legal practice is…

Developing the Field, Dispute Resolution, General, Ireland, Lawyers, Legal Issues, Legal Practice

(Sabine Walsh Mediation)/ /1 Comment

Our local mediator’s association here in the Northwest of Ireland recently ran a public seminar on mediation and the future of alternative dispute resolution. The two keynote speakers were two very distinguished lawyers, a High Court Judge and a Senior Barrister. As I looked around the room, it struck me just how many lawyers were…

Business, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Standards, Success in mediation, Uncategorized, War Stories

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Yes I do –  and as I stood 4th in line outside Dick Smith’s (read  PC World or Radio Shack) at 5am Friday week ago waiting to get my hands on my first iPad I resolved to make the iPad 3 central to my practice. The guy next to me had been on the TV…

Causes of Conflict, Clients, Confidentiality and Transparency, Conflict, Developing the Field, Ethics, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Training

(Pel Mediation)/ /Leave a comment

In mediation, the art of the mediator is to lead the mediation participants to the best possible solution of their conflict, based on their underlying interests. It is the art of seduction to shift the focus from their points of view and desired outcomes to interests, and also from the escalation-driven wish to “win” and…

Accreditation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Practice, Success in mediation, Training

(Singapore International Dispute Resolution Academy)/ /3 Comments

In my capacity as a trainer and educator of mediators, I am frequently asked about entry into the mediation profession: “Once I pass my accreditation assessment, I want to become a full-time mediator…” The mediation training market continues to boom, confirming a continuing strong interest in mediation as a career path. However the supply of…

Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.)

(ADR Center Romania)/ /1 Comment

In the Romanian Parliament there has been submitted a draft to amend the legislative framework regarding mediation. Thus, according to the draft, prior to referring the case to the court of law or the criminal pursuit body, Parties or any of these are bound to try and settle the conflict by mediation, under penalty of…

ADR, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Language

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

The term “ADR” is certainly familiar to not just those of us in the teaching and practice of mediation, but legal practitioners as well. In this post, I want to share some thoughts about the evolving nature of the “A” in ADR and how this is both reflective of the changes that have occurred in…

ADR, Business, Commercial Mediation, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Mediation Outcomes, Mediation Practice

(University of Strathclyde)/ /1 Comment

It is not uncommon to hear lawyers speak warmly of mediation in general, but when asked if they would recommend it for a particular case respond that they could not see it working. Related to this, lawyers who have developed well-honed negotiation skills may struggle to see how a mediator could improve on their outcomes….