Future of mediation

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…

ADR, Arbitration, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Japan, Promoting Mediation, UNCITRAL

(Waseda University) and (University of Sydney & Williams Trade Law)/ /2 Comments

These are heady days in international mediation circles. A panel discussion earlier this summer at an UNCITRAL conference entitled “Feel the Earth Move – Shifts in the International Dispute Resolution Landscape,” dedicated largely to mediation, captures the sentiment. Reasons for the excitement include the approval of a draft of the UNCITRAL treaty for enforcing mediated…

Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.)

(Weiler ADR Inc.)/ /2 Comments

On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable. Its Judgement in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153 (CanLII) quashed approval of the $9.3-billion (CAN) Trans Mountain oil pipeline. The Canadian government announced last spring that it would purchase the Trans Mountain pipeline from Kinder Morgan Ltd….

ADR, Artificial Intelligene, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Technology

, (CEDR - Centre for Effective Dispute Resolution)/ /2 Comments

Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for…

Creativity, Developing the Field, Dialogue, Future of mediation, Neuroscience, peace negotiations, Public Policy, Scotland, UN and International Organizations, Uncategorized

(Core Solutions Group)/ /1 Comment

My colleague and fellow Kluwer author Charlie Woods has likened my scatter-gun approach to starting new projects and coming up with new ideas to “guerrilla gardening”. I am sure he means it as a compliment. Some ideas take seed…. So, here is another seed. Just a week or two ago, I was reading a (UK)…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Mediation Practice, Singapore, UNCITRAL

(Singapore Management University)/ /Leave a comment

On 25 July 2018, I was privileged to be part of a conference panel moderated by the inimitable Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy and my colleague at the Singapore Management University School of Law. The panel’s inspired title was “Feel the Earth Move – Shifts in the International Dispute…