Dispute Resolution

ADR, Developing the Field, Dispute Resolution, Future of mediation, Georgia, Legislation, Mediation Act, Mediation Practice, National Mediation Laws, Regulation

(Resolve / New Vision University)/ /2 Comments

“Courts should be the alternative!” – is the slogan coined by the Minister of Justice of Georgia voicing the Government of Georgia’s will to promote the use of out-of-court mechanisms of dispute resolution. And this is not only for domestic disputes. The Government has declared its will to promote Georgia as a regional center for…

ADR, Brazil, Co-mediation, Commercial Mediation, Dispute Resolution, lawyers in mediation, Young Mediators

(Mediar360 - Dispute Resolution ) and (Attorney at Law (New York Bar))/ /Leave a comment

Last month, we had the presence of Ahdieh (Ati) Alipour Herisi in Brazil as a judge for the occasion of the CPR International Mediation Competition . Ati is a young, enthusiastic and brilliant lawyer and mediator who was born in Iran and lived, studied and worked in many different places such as Los Angeles, New…

Azerbaijan, Developing the Field, Dispute Resolution, Future of mediation, Legislation, Mediation Act, National Mediation Laws, Opt-Out, Regulation

(ArbMe Dispute Resolution)/ /Leave a comment

Azerbaijan adopted the Law on Mediation on March 29, 2019. The Law is based on the principles of UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation and different CEPEJ guidelines on mediation. In addition, the Law follows the so-called opt-out mediation model (hereinafter “Opt-Out Mediation Model”), by requiring attendance…

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

, , (Singapore International Dispute Resolution Academy)/ /1 Comment

Whether we are talking about arbitration, mediation or litigation, it seems that international dispute resolution systems are evolving rapidly. Think of the recent emergence of international commercial courts in ascendant global cities like Dubai and Singapore, the new UNCITRAL spotlight on reforming of investment arbitration, the United Nation’s adoption of the Singapore Convention on Mediation…

'Money-only' Cases, Accreditation, ADR, Appointment of Mediators, Argument, Australia, caucus, Clients, Commercial Mediation, Conflict, Court Procedure and Litigation, Creativity, Dispute Resolution, Evaluative Mediation, Impasse, Interests, Joint Sessions, Judges as mediators, Lawyers, lawyers in mediation, Legal Issues, Litigation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Preparation, Set Aside a Mediated Agreement, Settlement Agreements, shuttle mediation, Success in mediation, The role of the mediator, Time Pressure, Understanding mediation

(Strategic Resolution)/ /Leave a comment

  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a mediation appears to have resolved successfully. They can rescue us – helping us identify and avoid previously unforeseen difficulties. Here’s an example Mr. and Mrs. Studer moved…

Developing the Field, Dispute Resolution, Leadership, Mediation Practice, mediation process, Mediators’ Conduct, Reflective Practice, Scotland, Skills, The role of the mediator

(Core Solutions Group)/ /3 Comments

A number of recent mediations have reaffirmed some essentials which I share here in the hope that they might be helpful to others: It’s not all about the money. Mr A had a very substantial claim against a bank running into hundreds of thousands of pounds Sterling, most of his life savings. When I asked…

Community Mediation, Dispute Resolution, Future of mediation, India, Legislation, Mediation Act, National Mediation Laws, Promoting Mediation

(National Law University Jodhpur, India)/ /1 Comment

Mediation has found increased statutory recognition in India and the legislature has recently introduced it in the Companies Act 2013, the Insolvency and Bankruptcy Code 2016, as well as the Commercial Courts Act 2015, among others. Two separate updates from the Supreme Court of India this month have engaged the Indian community in the discussion…

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, Brazil, Class action, Dispute Resolution, mediated settlement agreement

(Mediar360 - Dispute Resolution )/ /Leave a comment

On January 25th 2019 Brazil experienced its largest industrial catastrophe, the collapse of a dam from Vale, one of the world’s largest Mining Company. The disaster devastated the town of Brumadinho, in Minas Gerais. It was of such magnitude that, until March 8th, the day I write this post, there were 193 confirmed deaths and…