Dispute Resolution

ADR Agreements, Conciliation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Experts, Lawyers, Legal Practice, Legislation, Mediation Agreement, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation

(Esprit d’entente)/

This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the modes providing for amicable resolution of disputes. The Decree No. 2012-66 (the Decree) mainly enacts rules dealing with certain aspects of mediation in…

ADR, Arbitration, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Pre-arbitration Dispute Settlement Procedures

(Hong Kong Shue Yan University)/ /Leave a comment

The recent decision in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Others [2011] HKEC 514, (the “wining and dining” mediation case) has generated a considerable amount of interest in the murky depths of the Arbitration-Mediation (“Arb-Med”) facility. Practitioners and academics are still engaged in deep discourse nearly two months after the case…

ADR, Causes of Conflict, Developing the Field, Dispute Resolution, Ethics, Evaluative Mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Language, Mediation Practice, Training, Uncategorized

(University of Strathclyde)/ /2 Comments

Like many of us I am constantly torn between simplicity and complexity. The world is complex: that’s a given. But a beautiful morning or a lover’s kiss is simplicity itself, and it’s a fool who overcomplicates it. And so with mediation, the profession/activity/vocation that has grown on me like a skin these last nineteen years….

ADR, ADR Agreements, Cross-cultural, Deal Mediation, Developing the Field, Disclosure, Dispute Resolution, Dispute Resolution Clause, EU Directive on Mediation, EU Mediation Directive, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Mediation Practice, Mediation Reforms (Legislation, etc.), Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Public Policy, Reform, Regulation, Samoa, UNCITRAL Model Law, War Stories

(Singapore International Dispute Resolution Academy)/ /2 Comments

As I write these lines, I am working on a commercial mediation project in the Pacific nation of Samoa – yes the one that has just jumped across the international dateline. My blog post today is a reflection on an aspect of this work that is relevant, not just to me, but to any of…

Accreditation, Developing the Field, Dispute Resolution, EU Directive on Mediation, Family Mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Reforms (Legislation, etc.), Reform, Regulation

(Sabine Walsh Mediation)/ /1 Comment

As we head into a new year of mediation and managing conflict in the world it strikes me that, at least in this little corner of Europe, the discipline of mediation itself is at a crossroads. A combination of political and socio-economic circumstances and potential legal developments could lead to mediation taking a greater part…

ADR, Dispute Resolution, Ethics, Mediation Practice, Standards

(Mediare)/ /1 Comment

Due to the fact I work as a Mediation professor I am always aware of the question of Ethics. Teaching Mediation implies sharing its ethical principles with the students and helping them to observe such principles in the practice of Mediation. In Brazil nowadays we rely on three Codes of Ethics devoted to Mediation. The…

ADR, Availability of Mediators, Clients, Developing the Field, Dispute Resolution, Efficiency, EU Directive on Mediation, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Standards, Uncategorized

(ADR Center Romania)/ /1 Comment

While large scale efforts are being made in order to be recognized as a worldwide and a free standing profession, the mediation became a profession in some countries and it remains an experiment in others. The general public’s perceptions about mediation have registered significant changes over time. If in its early stages mediation was seen…

Australia, Dispute Resolution, Dispute Resolution Clause, Domestic Courts, EU Directive on Mediation, Judges as mediators, Legal Issues, Legal Practice, Mediation Practice, Regulation, Success in mediation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In his blog post on the 22nd of November, Kenny Aina referred to judges who mediate, commenting that many judges do not possess a mediator’s paradigm. To find out what that is, you will have to read Kenny’s blog. However, like it or not, many judges do mediate, both retired judges and active judges. In…

ADR, Business, Commercial Mediation, Dispute Resolution, Europe, General, Growth of the Field (Challenges, New Sectors, etc.), Success in mediation

(Herbert Smith LLP)/ /2 Comments

One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my international law firm – which has attempted to gather data on mediations in which we have participated for nearly 15…