Dispute Resolution

Brexit, Communication, Dialogue, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Neuroscience, Reflective Practice

(NZ Centre for ICT Law & School of Law, Auckland University)/ /4 Comments

Many years ago, a group of friends were driving in the south of England in a rental car and, in need of directions (pre-Google maps and GPS), we pulled over to the side of the road to ask a gentleman the way. I leapt out, approached him and asked for the directions, to which he…

ADR, Commercial Mediation, Communication, Creativity, Dispute Resolution, Experience, Interests, lawyers in mediation, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Stages of mediation, Success in mediation, The role of the mediator

(Strategic Resolution)/ /1 Comment

Photo credit: Creative Commons Jean M.Mas 2/2007 Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages: Stage 1: “Who Did What to Whom”? Here parties (or their lawyers) follow the ritual of naming, blaming and claiming – recounting facts, providing evidence…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Investor-state mediation, Mediation Practice

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

I have recently been approached to enrol myself in an investor-state mediation training programme and also to speak at one of the sessions. That triggers off my deeper thoughts on the topic of investor-state mediation and related issues. This blog is an attempt to share my thoughts so that fellow mediation practitioners may consider whether…

Dispute Resolution, Mediation Practice, Mediators’ Conduct, Neutrality, Reflective Practice, Skills

(Greg Rooney Mediator)/ /1 Comment

Charlie Irvine in his recent Kluwer blog (Mediation Values: Still Searching) suggested it is our values that determine what we do or say in a mediation rather than any techniques we learn as mediators. Charlie gives a mediation example where the husband wanted to claim his full pension as part of the division of assets….

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Regulation, Singapore Convention on Mediation

(KCAB INTERNATIONAL)/ /1 Comment

On 2 August 2019 the “3rd Asia Pacific Conference, Singapore Convention on Mediation: Strategies of China, Japan, Korea and Russia” was held in Seoul, Republic of Korea (Korea). The Conference centred on the Singapore Convention on Mediation [1] United Nations Convention on International Setlement Agreements Resulting from Mediation 2019 (UN, New York) (Singapore Convention), with…

ADR, Artificial Intelligene, Brazil, Consumer conciliation, Dispute Resolution, Online Dispute Resolution (ODR), Online Mediation, Technology

(Mediar360 - Dispute Resolution )/ /5 Comments

I am very happy to share with all of you that on October 28 – 30 I will take part on the 2019 International ODR Forum, in Williamsburg, Virginia, USA, with some of the most outstanding ODR’s thought leaders as Colin Rule, Paul Embley, Daniel Rainey, Ethan Katsh and Orna Rabinovich-Einy, among others. I will…

Communication, Creativity, Dialogue, Dispute Resolution, Framing, Instinct, Interests, Intuition, mediation process, Mediators’ Conduct, Skills, The role of the mediator, Transformation, Understanding mediation

(Strategic Resolution)/ /Leave a comment

Photo credit: Christof Häuser, via Nathalie Birli We mediators are accustomed to recognising empathy as an important part of our mediation repertoire which is consistently reinforced in our training and professional development. It is front of mind for many of us as we plan for and conduct our mediations. This blog has seen its fair…

Australia, Communication, Developing the Field, Dialogue, Dispute Resolution, mediation traditions, Negotiation, peace negotiations, Trust

(University of New South Wales)/ /6 Comments

Music and art make continuing and surprising contributions to Dispute Resolution. Greg Bond’s June Blog, written as a means of keeping his promise to write about the Beatles, shared lyrics that gave conflict a new voice. Synchronicity has been at work and suddenly the Beatles lyrics are getting a lot of exposure in the conflict…

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

(Zhong Lun Law Firm)/ /Leave a comment

In Part I, I introduced and responded to concerns relating to China’s legal and judicial system if China signs the Singapore Mediation Convention. This part will focus on other concerns relating to the interests of various bodies of China. 1. Concern over possible harm to the interest of Chinese companies In recent years, the number…

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

(Zhong Lun Law Firm)/ /Leave a comment

On 20 December 2018, the 73rd session of the UN General Assembly (UNGA) in New York passed a resolution to adopt the UN Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Mediation Convention” or “the Convention”) passed by the United Nations Commission on International Trade Law (UNCITRAL). The UNGA also agreed that the…