Future of mediation

Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Negotiation, Reflective Practice, Research

(Corporate counsel & author)/ /15 Comments

Early in Sir Arthur Conan Doyle’s 1891 short story A Scandal in Bohemia, Sherlock Holmes gives Watson a lecture on the difference between seeing and observing. To test how well Watson understood, Holmes hands him an unaddressed, undated, anonymous letter that had just arrived on the doormat. It announced that an unnamed visitor would shortly…

ADR, Arbitration, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Law, International Mediation, Legal Issues, Legislation, Mediation Reforms (Legislation, etc.), Singapore, UNCITRAL

, (Singapore International Dispute Resolution Academy)/ /2 Comments

For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from Mediation does not include provisions in relation to the ‘seat’ of mediation. Why, you may ask? The Convention includes no provisions on ‘seat’ simply because…

Commercial Mediation, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Mandatory mediation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Turkey

(Resolve Mediators and Dispute Resolution Experts)/ /1 Comment

January is the time of the year when we all reflect on the past experiences and set goals for the unfolding new year. From a mediation perspective, 2018 marked major positive developments in Turkey. Turkish mediation practice is developing quickly through the implementation of mandatory mediation. Rafal Morek mentions in his blog post how mandatory…

ADR, Brexit, Costs in Mediation, Court Procedure and Litigation, Europe, Future of mediation, Lawyers, Mandatory mediation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Online Mediation, Promoting Mediation, Reform

(CMS)/ /Leave a comment

While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The Civil Justice Council’s ADR working group has released its much anticipated final report on the use of ADR within the civil justice system…

Developing the Field, Dispute Resolution, Future of mediation, Georgia, History of mediation, Mediation Practice, Promoting Mediation

(Resolve / New Vision University)/ /Leave a comment

This article has been inspired by Greg Bond’s recent article “Mediation Moves – A Conference, a Workshop, a Movement” and by the thought it has triggered: where have we moved in terms of mediation in Georgia? This thought coincided in timing with Tbilisi Mediation Days – a two-day international conference which took place on November…

ADR, Artificial Intelligene, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Online Mediation, Technology, Uncategorized

(University of Strathclyde)/ /6 Comments
Brexit negotiated!

In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. When Frank Sander coined the term ‘Alternative Dispute Resolution’ his relatively modest proposal placed…

Brazil, Dispute Resolution, Future of mediation, lawyers in mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws

(Independent Mediator, Author and Teacher)/ /Leave a comment

In 1999, I had just returned to Brazil from the United States with a Ph.D. thesis on ADR when a mediator colleague invited me to attend and appraise a mediation session. I was eager to do that and observed, minute by minute, the rich communication interaction between him and the parties. At the end my…

Decision making, Developing the Field, Future of mediation, Mediation Practice, Public Policy, Reflective Practice, Scotland, The role of the mediator

(Core Solutions Group)/ /Leave a comment

My last blog reflected on an excellent mediation conference in Frankfurt on the Oder where the strength which comes from working together was clear. I started this present blog on the day that the EU agreed the terms of the UK’s departure from the organisation that has been such a significant part of Europe’s post-second…

Developing the Field, Dispute Resolution, Europe, Future of mediation, Public Policy

(ADR Center Romania) and (Pro Pact Mediation Association)/ /Leave a comment

At present, the project called “Mediation-Effective Public Policy in the Civil Dialogue” aims to explore options for a public policy in Romania in the field of mediation. The project is funded by the European Union under the Operational Program Administrative Capacity 2014-2020, Priority Axis 1 – Public Administration and Efficient Judicial System, Component 1 –…

Developing the Field, Europe, Future of mediation, Germany, Growth of the Field (Challenges, New Sectors, etc.), Mediation and Society, Mediation Outcomes, Neutrality, Philosophy, Policy, Public Policy, Reflective Practice, Scotland, The role of the mediator, Ukraine, Uncategorized, Understanding mediation

(Core Solutions Group)/ /2 Comments

At a recent excellent conference hosted by Professor Ulla Glaesser at Viadrina University in Frankfurt (Oder), one of the workshop sessions focussed on the extent to which mediators can or should disclose or express their views when engaged in politically-related mediation work – or more generally. What a fascinating conversation we had. It was no…