Dispute Resolution

ADR, ADR Agreements, ADR Clauses, Confidentiality, Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Practice, Mediation Users/Clients, Regulation, user perspectives

(Singapore International Dispute Resolution Academy)/ /2 Comments

Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to…

Brexit, Causes of Conflict, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Europe, Fear, General, Growth of the Field (Challenges, New Sectors, etc.), Interests, mediation process, Negotiation, Trust, Understanding mediation

(Bill Marsh Mediator)/ /15 Comments

  Perhaps we shouldn’t be too surprised by the whole Brexit affair. I’m not talking about the result of the vote itself, but about the referendum process, the behaviour it engendered, and its aftermath. All the classic features were present. Classic features of what? Well, of binary processes. Those that offer a win/lose, yes/no, remain/leave…

ADR, Brexit, Business, crisis negotiatons, Dispute Resolution, Europe, European Law, Future of mediation, International Mediation, Scotland

(FORARB/Charles University)/ /Leave a comment

When I was shopping at the Marina Bay Sands Mall in Singapore some couple months ago, a young Singaporean approached me and politely asked me to participate in a survey. “Where are you from?” the girl stated her first question. “From Prague, Czech Republic…” She smiled and her view gave away her confusion. Obviously, she…

ADR, cross-border mediation, Dispute Resolution, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, Future of mediation, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, New York Convention, Online Mediation, Public Policy, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Training, UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation, user perspectives

(International Mediation Institute)/ /Leave a comment

The next session of the UNCITRAL Working Group II that will continue to consider whether there should be a convention to enforce commercial cross-border mediation settlements will be in Vienna, Austria the week of September 19, 2016. On September 21, there will be a free evening program when 2 panels will answer questions relating to…

Apology, Bias, Clients, Cognitive Bias, Commercial Mediation, Confidentiality, Decision making, Dialogue, Dispute Resolution, Impasse, Interests, Joint Sessions, mediated settlement agreement, Mediation Agreement, Mediation Practice, mediation process, Mistakes, Neuroscience, Perception, Scotland, Stages of mediation, Stories, Uncategorized

(Core Solutions Group) and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

“Caminante, no hay camino, se hace camino al andar” “Traveller, there is no path, the path must be forged as you walk.” Antonio Machado, as quoted and translated in Daring Greatly, Brene Brown Those were two very long and eventful days. Though the prospect of reaching an agreement appeared remote – at best – at…

ADR, Commercial Mediation, Conciliation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Lawyers, Legal Practice, Litigation, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Singapore

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

The year 2016 has so far been a significant one for Singapore in the area of ADR. The opening of the Singapore Legal Year saw the Chief Justice of Singapore, Mr. Sundaresh Menon introducing various ADR-related initiatives in family justice cases and medical malpractice matters. This has been explored in a previous blog entry here….

Communication, Community Mediation, Conciliation, Conflict, crisis negotiatons, cross-border mediation, Developing the Field, Dialogue, Dispute Resolution, European Law, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Not-for-Profit Organizations (NGO), peace negotiations, Ukraine, UN and International Organizations, Uncategorized

(Mediator & peace seeker)/ /3 Comments
Young Mediators Initiative (YMI)

Recap Last time I wrote as a young mediator about my mediation path, I had just arrived in Tbilisi, Georgia. It was February 2014, when people began being killed at the Euromaidan on Independence Square in Kyiv, the capital of Ukraine. I was trying to ‘break into the peacebuilding field‘ but did not have much…

ADR, Communication, Confidentiality and Transparency, Conventional wisdom, Decision making, Developing the Field, Dispute Resolution, Due Process, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Online Mediation, Technology

/ /2 Comments

I begin with two poetic images. One is from an 8th century Taoist poem – I asked the boy beneath the pines. He said, “The master’s gone alone Herb-picking somewhere on the mount, Cloud-hidden, whereabouts unknown.” [Chia Tao (777-841)] And the other, more recent, from W H Auden’s poem “Law Like Love”: And always the…

Conflict, crisis negotiatons, Cross-cultural, Developing the Field, Dispute Resolution, Fear, Interests, International Mediation, Middle East, peace negotiations, UN and International Organizations

(Core Solutions Group)/ /1 Comment

As I write this, I am looking across the Gulf of Aqaba at the Sinai Peninsula in Egypt, near the place where the Egyptian border abuts Israel, south of the Israeli Red Sea port of Eilat. This morning’s BBC news tells us that Israel is on alert for IS attacks in the Sinai. The accompanying…

ADR, cross-border mediation, Cross-cultural, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Online Dispute Resolution (ODR), Online Mediation, Singapore, UNCITRAL

/ /2 Comments

In this blog, I’ll follow up on Deborah Masucci’s overview, and in doing so I’ll offer a three observations about technology and one about a very non-technological aspect of mediation. First, on the technology: as those who were there will know only too well, and those who have followed at arm’s length will appreciate, the…