Dispute Resolution

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…

Clients, Commercial Mediation, Developing the Field, Dispute Resolution, Due Process, Efficiency, Ethics, General, International Mediation, Mediation Outcomes, Mediation Users/Clients, Mediators’ Conduct, Settlement Agreements, Uncategorized, War Stories

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Yep, it’s been an up-and-down month.  More down than up if I’m honest. But hey! I’ve done enough of these things to know that my old Dad was right all those years ago when we’d stand at the top of a black run and he’d say “Laddie, if you’re not falling down, you aren’t skiing…

ADR, Dispute Resolution, Efficiency, Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), Public Policy, Uncategorized

(Mediare)/ /Leave a comment

The evolution of society, its population growth and the consequent increasing complexity as to relationships made it necessary that the natural right to justice become a right guaranteed by the State. That came about due to the fact man used to make justice himself using physical violence and imposing his own interests. Access to Justice…

ADR, Appointment of Mediators, Availability of Mediators, Dispute Resolution, Judges as mediators, Mediators’ Conduct

(Aina Blankson LP)/ /1 Comment

Years ago, I participated in a Richard Salem led mediation skills acquisition training for retired Judges and I will never forget the words of a just retired Chief Judge contemplating a career in mediation “ Kenny, you mean I will just listen without telling the parties what to do? Impossible! Not me!”. I have seen…

ADR, Business, Clients, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Ethics, Lawyers, Legal Practice, Uncategorized, War Stories

(First Mediation Corporation)/ /Leave a comment

The Situation: Your adversary is attacking your case in the mediation in such a manner that good faith negotiations seem like a distant cousin to all out war. You are looking for a way to recover. You don’t want to walk out of the room, but you are running out of options and the negotiation…