Dispute Resolution

ADR Clauses, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of an ADR Clause, Europe, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Agreement

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

Are agreements to mediate enforceable? The short (and incomplete) answer is: yes, they may be provided they are drafted appropriately. In this post we review a recent English judgment which sets outs guidelines for the enforceability of agreements to mediate under English law. In August 2019, the Technology and Construction Court of the Queen’s Bench…

Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Singapore Convention on Mediation

(Tahota Law Firm)/ /1 Comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”) makes a huge contribution to the success of international arbitration by providing tools for global enforcement of arbitral awards. To that end, international mediation has been underused because of the lack of necessary international enforcement mechanisms of mediated settlement agreements….

ADR, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Efficiency, Experience, Flexibility, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation, Patience, Preparation, Promoting Mediation, Reflective Practice, Reflective practise, shuttle mediation, Success in mediation, Time Pressure, Transformation, user perspectives

(Bill Marsh Mediator)/ /20 Comments

For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…

Communication, Developing the Field, Dispute Resolution, Mediation Practice, Reflective Practice, Skills

(Greg Rooney Mediator)/ /2 Comments

Mediation: “The insertion of a human buffer between people who need assistance to interact with each other.” This definition speaks to the three core issues facing the mediator every time they enter a session. Human: to what degree does the mediator insert their own humanity into the process of mediation. Interact: to what degree does…

ADR, Brazil, Confidentiality, Confidentiality and Transparency, Dispute Resolution, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /Leave a comment

I am very glad to start today a 4 posts serie with my fellow Gustavo Carneiro, a lawyer and mediator who holds a Public Policy degree, analyzing the new brazilian General Data Protection Law, which will come into force in August 2020 and its application for ODR. Online Mediation and other ODR methods are getting…

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, Singapore Convention on Mediation

(Corporate counsel & author)/ /Leave a comment

Anyone managing international business disputes needs to understand the Singapore Convention on Mediation. Not just its terms and limitations, but the reasons why certain matters are included and why others are omitted, as well as how to interpret and apply it. All mediated business settlements with an international angle that are concluded from now on…

ADR, Arbitration, Conciliation, Dispute Resolution, Germany

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Mediation and conflict management often require the design of complex processes that might involve different interventions with different parties or stakeholders over considerable time. Consider mediation in the planning stages of public projects or mediation and facilitation involving communities involved in claims for compensation against governments or companies. Or consider mediation inside organisations, in which…

Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Research

(University of New South Wales)/ /1 Comment

In his blogpost of December 2019, Alan Limbury gives us a thoughtful reminder of the history and background to the GPC. I too was in the audience at London’s historic Guildhall on October 29, 2014, when IMI gathered together users of mediation, lawyers, mediators, academics and others involved in dispute resolution processes and began an…

Dispute Resolution, Europe, Greece, Legislation, Mandatory mediation, National Mediation Laws

(Meidanis Seremetakis & Associates)/ /1 Comment

The fairytale of mediation in Greece starts in 2008. Back then, a group of forward thinkers (or disillusioned persons, depending on the angle of the view) took the first class on mediation in Greece (organised by CIArb) and a little later, they received the CIArb accreditation. A few more persons of the same mindset took…

Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Legal Issues, Mediation Outcomes, mediation process, Promoting Mediation, Research, Scotland, Uncategorized, Understanding mediation

(University of Strathclyde)/ /2 Comments
Stop apologising

(This blog is adapted from a longer version published by Prof John Lande as part of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement. The Theory of Change symposium asked mediators and scholars to think big about their dreams and visions for the future, and was recently published on…