Dispute Resolution

ADR, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Users/Clients, Promoting Mediation, user perspectives

(Independent Mediators)/ /Leave a comment

On 6 July I attended the finale of the Global Pound Series held in London, the last in the series of events held worldwide to an audience of over 2000 over 30+ events. I will say now I am not a mediator, I know you are asking why did I get asked to write a…

ADR, Appointment of Mediators, Brazil, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, harmonisation of mediation law, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Uncategorized

(Mediar360 - Dispute Resolution )/ /4 Comments

As I have proudly published in several articles last year, Brazil has come a long way until it finally managed get its first Mediation Law into force. Find below a brief historic to remember this path: • 2004 – Start of the Judiciary Reform • 2010 – Ordinance No. 125 creates the National Judiciary Policy…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Particular Sectors (e.g. Construction, Banking, etc.), Research, user perspectives

(Victoria University of Wellington)/ /Leave a comment

I recently carried out New Zealand’s first empirical research on the users of commercial mediation. This is Part Three of a three-part study (Part One = the mediators, Part Two = the gatekeepers/lawyers). Getting to grips with what users think of commercial mediation is the Holy Grail for mediation professionals. Until now in New Zealand,…

Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Regulation

(Serle Court)/ /Leave a comment

What is it about disputes in regulated sectors that make them suited to mediation? Regulated sectors are ripe for disputes. Whether it’s the energy, financial or telecoms sector, there are often incumbent players that own key infrastructure that is essential for delivering services to customers. At the same time new entrants may be vying for…

Brexit, Developing the Field, Dispute Resolution, Game Theory, Negotiation

(Greg Rooney Mediator)/ /Leave a comment

The U.K.’s decision to leave the EU and the voting in of the protectionist Donald Trump to the US presidency has drawn both the UK and the USA into the Nash Trap. U.S. mathematician John Nash (the movie ‘A Beautiful Mind’) postulated that Adam Smith’s declaration that ‘In competition, individual ambition serves the common good’…

Bias, Communication, Conflict, Creativity, Decision making, Dialogue, Dispute Resolution, Economics, Ethics, Instinct, Language, Lawyers, Legal Practice, Mediation Lawyering, Neuroscience, Skills

(Core Solutions Group)/ /6 Comments

I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten. Problem-Solving and Risk Analysis is more than learning about the law or what a court might do. Most issues which clients bring to lawyers are resolved…

Conciliation, Dispute Resolution, Germany, Legal Issues, Limitation period, National Mediation Laws, Regulation

(Eisenberger & Herzog Rechtsanwalts GmbH) and (zeiler.partners)/ /Leave a comment

Conciliation is attracting more and more users for its prided features as an easily accessible, cost- and time-effective procedure for dispute resolution. It is supported and also evidenced in the recent effort put into the discussion by UNCITRAL Working Group II to establish new instruments – a convention and a model law – with regard…

Commercial Mediation, Dispute Resolution, EU Directive on Mediation, Europe, International commercial mediation, Regulation

(Assonime, the Association of Italian Joint Stock Companies)/ /Leave a comment

The European Company Law Special Issue on mediation and corporate disputes focuses on the law and practice of mediation for corporate disputes in different European countries (Austria, Belgium, France, Germany, Italy, The Netherlands, Spain and the UK). Contributors are both academics and experienced practitioners active in the field of mediation. They are: • for Austria:…

Co-mediation, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career

(Serle Court)/ /1 Comment

In 2017 we find that the mediation market is lumpy. There is a relatively small pool of mediators, including the founding fathers and mothers of mediation, who firmly established credibility and respect for the discipline, who have honed their craft over the years and who are now the “go to” individuals for probably the majority…