Developing the Field

ADR, Business, Clients, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Ethics, Lawyers, Legal Practice, Uncategorized, War Stories

(First Mediation Corporation)/ /Leave a comment

The Situation: Your adversary is attacking your case in the mediation in such a manner that good faith negotiations seem like a distant cousin to all out war. You are looking for a way to recover. You don’t want to walk out of the room, but you are running out of options and the negotiation…

ADR, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws

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

The modern mediation movement was established in Singapore in the mid-1990s. I say modern because historically, the population of Singapore (both indigenous and migrant) practiced their own forms of mediation. With colonization came the English common law and court system that unfortunately saw the reduction, if not demise, of these local forms of mediation. When…

ADR, Clients, Commercial Mediation, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Efficiency, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Practical Challenges for Mediators, Standards

(University of Strathclyde)/ /1 Comment

One of the privileges and perils of working as a mediator in Scotland is that we get a close-up view of developments in England and Wales. In an ideal world this should allow us (pop. 5 million) to learn from them (pop. 55 million): to pick the best innovations and avoid the failures. As I…

ADR, Book Review, Business, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Legal Practice, UN and International Organizations

(CMS)/ /Leave a comment

While the world becomes ever faster-paced, litigating business disputes are unchangeably slow. The recently published World Bank’s “Doing Business 2012: Doing Business in a More Transparent World” report shows that state court procedures in most countries remain lengthy, costly and complicated. Although this is not good news for anyone, as a side effect, the flaws…

Co-mediation, Cross-cultural, Developing the Field, EU Mediation Directive, Europe, European Law, Family Mediation, International Courts, International Law, International Mediation, Mediation Practice

(Sabine Walsh Mediation)/ /1 Comment

As globalisation progresses and migration increases, the number of bi-national and bi-cultural relationships and marriages is increasing. This brings a new richness and diversity to our society, but can also bring new challenges and difficulties when those relationships break down. One of the difficulties that can arise is international parental child abduction, where one parent…

Clients, Developing the Field, General, War Stories

(Bill Marsh Mediator)/ /1 Comment

This week I came across an article in Forbes magazine (not my usual reading, I hasten to add!) which irritated and inspired me in equal measure. Under the title “The Ten Most Peaceful Countries Don’t Include US” it highlighted the world’s ten most peaceful countries as measured by the “Negative Peace” and “Positive Peace” criteria…

ADR, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Practical Challenges for Mediators, Reform, Responsibility of States

(Mediare)/ /1 Comment

The importance of the multidisciplinary approach and the leading role of the parts. Modernity brought about the fragmentation of knowledge and the emergence of different disciplines as well as diversified specializations in several subject areas. This fragmentation enabled people to deepen their knowledge concerning specific issues and made them feel that they could master their…

Community Mediation, Developing the Field, Environmental Mediation, General, Mediation Practice, Mediation Users/Clients, Public Policy

(Core Solutions Group)/ /Leave a comment

Last weekend I was entertained by the “progressive rock” group Caravan, a lesser known group of musicians, the peak of whose glory was 40 years ago, in 1971. These grey-haired men in their mid-60’s displayed enthusiasm, energy and engagement as they took us down memory lane, with deft playing and masterly reconstruction of some of…

Developing the Field, Dispute Resolution, Experts, General, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Memory and Illusions

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

This post is dedicated to the memory of Steve Jobs (1955-2011) [Author’s note: I had in mind another subject for this blog post. I was however moved to write this one. It seems fitting that I am writing it on my Mac Book Air.] 5 October 2011 was a sad day. It saw the passing…

ADR, Australia, Cross-cultural, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Med-Arb Clauses, Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Practical Challenges for Mediators, Uncategorized

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

They say that you can take the girl out of Australia but that you can’t take Australia out of the girl. So as an Australian living in Hong Kong, let me leave the east-meets-west stories for another time and begin with the very Australian concept of BYO. It’s a long established tradition in Australia to…