Efficiency

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

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

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…

Accreditation, Developing the Field, Efficiency, General, mediation as a career, Mediation Practice, Mentoring, Training, Uncategorized

(ADR Center Romania)/ /Leave a comment

The first mediation course is a special moment that each of us holds in our hearts and it represents the foundation of every mediator. The transformational process that we all go through during our training as mediators is materialized by the change in our attitude towards conflict and how to solve them. When we go…

ADR, Business, Court Procedure and Litigation, Efficiency, Growth of the Field (Challenges, New Sectors, etc.)

(Mediar360 - Dispute Resolution )/ /Leave a comment

Lack of flexibility is probably one of the most difficult obstacles to resolve any dispute. The absence of flexibility, limits the ability to reach agreements and ultimately makes the courts the only place where the dispute can find any kind of resolution. It is weird, therefore, that countries like Brazil have, in their legal systems,…

Business, Dispute Resolution, Efficiency, Sport, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

Looking beyond the short term, the fun, and the parties, large international sports events are an opportunity for the host country to improve the life of its citizens on a permanent basis. Large sport events may serve as a catalyst for political support around the solution of issues that otherwise might be unaddressed and, therefore,…

Appointment of Mediators, Australia, Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, Evaluative Mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, Public Policy, Reform, Regulation, Responsibility of States, Standards, Uncategorized

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

As you would expect, judges are appointed for their ability to adjudicate, often untested at the time of elevation to the Bench. Once appointed, many jurisdictions around the world then ask their judges to suspend their adjudication skills in favour of mediating controversies coming before the court, often in an effort to reduce backlogs. And it seems…

Confidentiality, Efficiency, Mediation Agreement, Mediation Practice, Tactics

(ADR Center Romania)/ /Leave a comment

One of the advantages of using mediation to achieve negotiated solutions is Parties’ possibility to separately communicate with the mediator within what it is called separate sessions or caucus. The differences of perception, the emotions and feelings determined by the ego, the stubbornness or the personality of Parties involved in a conflict are examples of…

ADR, Bias, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Efficiency, Europe, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Issues, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Reform, Uncategorized

(University of Strathclyde)/ /Leave a comment

Scotland is a practical nation. The list of its inventions includes penicillin, anaesthetics, steam engines, tarmac roads and even the decimal point (see http://www.magicdragon.com/Wallace/thingscot.html#Ta). Like the rest of the UK its culture was in part forged by the ‘practical man’ of the Industrial Revolution, rejecting grand theory in favour of trial and error. Its lawyers,…

Commercial Mediation, Confidentiality, Developing the Field, Due Process, Efficiency, General, Humorous Pieces, Impasse, mediation as a career, Mediation Lawyering, Mediation Practice, Uncategorized, War Stories

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Well, 143,000 if you believe Mr. Google –  but only one could have posted this must view for all mediators and mediation advocates. See this world class mediator in action at;  http://billwoodmediation.com/video (and be sure to watch videos 2 & 3) P.S Bill if you need help here is one of the world’s only pet mediators,…

Book Review, Commercial Mediation, Community Mediation, Developing the Field, Efficiency, Language, Lawyers and Psychologists, Mediation Practice, Mediators’ Conduct, Success in mediation, Technology, Training, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

I recall in the early days of mediation practice it seemed like one of the hardest interventions to make – to be standing in front of a room full of people and have to create a coherent whiteboard out of their discussion. The humble whiteboard has been used for every conceivable task in the mediation room –…

ADR, Dispute Resolution, Efficiency, Particular Sectors (e.g. Construction, Banking, etc.), Pre-arbitration Dispute Settlement Procedures, Time Pressure

(CMS)/ /Leave a comment

I have just recently received an arbitral award for a client that resolved a construction dispute which had arisen more than five years ago. Unfortunately, such time frame is not exceptional. Litigation would probably not have lasted any shorter. Construction disputes are usually complex and tend to involve stacks of documents. Such disputes often involve…