Dispute Resolution

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…

ADR, Dispute Resolution, Domestic Courts, Legal Issues, Mediation Practice, Mediator liability, National Mediation Laws

(Strategic Resolution)/ /Leave a comment
[Picture credit: creative commons]

[Picture credit: creative commons] Court cases not only determine issues between litigating parties, they provide guidance for others facing similar situations. For mediators and for disputants alike, they can help us identify and avoid difficulties we might not have previously contemplated. Here’s one example In Robert Samuel McCosh v David A R Williams [2003] NZCA 192,…

Communication, Dialogue, Dispute Resolution, Instinct, Mediation Practice, Reflective Practice, Skills

(Centre for Commercial Law Studies, Queen Mary University of London)/ /7 Comments

“As they sometimes say around Kyoto, ‘Don’t just do something. Sit there.’” The Art of Stillness, Pico Iyer Recently I had the good fortune of watching fellow blogger, John Sturrock QC, mediate. In the days which have followed, I’ve been reflecting on what I learnt from observing the mediation. What helped the parties in this…

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…

Brazil, Dispute Resolution, Future of mediation, lawyers in mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws

(Independent Mediator, Author and Teacher)/ /Leave a comment

In 1999, I had just returned to Brazil from the United States with a Ph.D. thesis on ADR when a mediator colleague invited me to attend and appraise a mediation session. I was eager to do that and observed, minute by minute, the rich communication interaction between him and the parties. At the end my…

Creativity, Developing the Field, Dispute Resolution, Negotiation, Peer Coaching, Reflective Practice

(University of New South Wales)/ /Leave a comment

Picture: Derek Gavey / Creative Commons A man walks into a bar …… I have to work quickly now because I can visualise readers reaching for the delete button. That’s because my six words have quickly taken you to an already constructed narrative. Before hitting delete there was probably a sigh; an eye roll and…

Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, Legal Issues, mediated settlement agreement, Mediation Outcomes, Mediation Practice, mediation process, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

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

In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of heart after agreeing to conclude a Mediated Settlement Agreement (‘MSA’) and wish to challenge its validity. Last month we…

Developing the Field, Dispute Resolution, Europe, Future of mediation, Public Policy

(ADR Center Romania) and (Pro Pact Mediation Association)/ /Leave a comment

At present, the project called “Mediation-Effective Public Policy in the Civil Dialogue” aims to explore options for a public policy in Romania in the field of mediation. The project is funded by the European Union under the Operational Program Administrative Capacity 2014-2020, Priority Axis 1 – Public Administration and Efficient Judicial System, Component 1 –…

ADR, Communication, Dialogue, Dispute Resolution, Negotiation, Non-violent communication, Online Dispute Resolution (ODR), Online Mediation

(Mediar360 - Dispute Resolution )/ /Leave a comment

Online negotiators are often faced with the challenge of how to overcome barriers on communication. When in real life (or better, when in non digital life) body language, voice tone and appearance enrich the communication process giving more tools for both communicators to express and understand the message, therefore making any negotiation more fluid and…