Future of mediation

Co-mediation, Cross-cultural, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), lawyers in mediation, Mediation Lawyering, Mediation Practice, Negotiation, Promoting Mediation, Scotland, Training, Uncategorized

(University of Strathclyde)/
Students demonstrating cooperation

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together; with negative linkage, if the other sinks, you swim, and if the other swims, you sink.”[1]Cooperation and Competition. In M. Deutsch, P. T. Coleman, & E….

Commercial Mediation, cross-border mediation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), ICC Mediation Competition, International Mediation, Mediation Practice, Mentoring, Promoting Mediation

(Bill Marsh Mediator) and (Centre for Commercial Law Studies, Queen Mary University of London)/ /4 Comments

I (Bill) remember doing my first commercial mediation. I was 29, and in the presence of the four parties and their advisers I felt even younger. It was not lost on me that (as Suzanne Rab recently noted in Do You Need Grey Hairs to Mediate?) people expected someone older to walk into the room….

Appointment of Mediators, Availability of Mediators, Communication, Creativity, Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Promoting Mediation, Young Mediators

(Lawyer, Mediator and Trainer in Conflict Resolution)/ /4 Comments
Young Mediators Initiative (YMI)

Mediation is already here, and it came to stay. Each day there are more and more supporters of mediation – from legislators to public institutions, and professionals who are gaining more awareness about the potential of mediation. However, it also has a long way to go. Those who decided to start working in the field…

Commercial Mediation, Developing the Field, Future of mediation, Global Pound Conference Series 2016-17, International commercial mediation, Mediation Users/Clients, Promoting Mediation

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

This blog comes (almost live) from the Berlin Global Pound conference, held on 24 March 2017. This was the 13th in a series of 39 coordinated events on commercial dispute resolution mechanisms around the world. The name goes back to the 1976 Pound conference in St. Paul, which marked a key moment in the advent…

Co-mediation, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career

(Serle Court)/ /1 Comment

In 2017 we find that the mediation market is lumpy. There is a relatively small pool of mediators, including the founding fathers and mothers of mediation, who firmly established credibility and respect for the discipline, who have honed their craft over the years and who are now the “go to” individuals for probably the majority…

Brazil, Future of mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Promoting Mediation, Reform, Regulation, South America

( FGV Projetos)/ /2 Comments

When building the Brazilian capital, Brasilia, in the fifties, Juscelino Kubitschek’s expression “50 years in 5” became famous. He was referring to the country’s expected development. Maybe a sort of analogy – ten years in one – could be used to describe the recent developments in alternative dispute resolution in Brazil. If compared to other…

Appointment of Mediators, Below the line, Bias, Clients, Future of mediation, General, Instinct, Intuition, Lawyers and Psychologists, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Philosophy, Quality, Standards, Success in mediation

(Bill Marsh Mediator)/ /Leave a comment

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a settlement? Occasionally, no offers even made? And as you do so, perhaps you find that your thoughts veer from:…

ADR, Creativity, Decision making, Developing the Field, Economics, Future of mediation, Game Theory, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Interests, International Mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Philosophy, Policy, Scotland

(Core Solutions Group)/ /1 Comment

John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Lithuania, Mediation Reforms (Legislation, etc.), Promoting Mediation

(Tark Grunte Sutkiene)/ /1 Comment

Mediation as a means to resolve disputes without the assistance of the court has become more and more popular in the post-Soviet bloc countries, for example Ukraine, Poland and Lithuania. The Law on Mediation in Lithuania was adopted by Parliament in 2008. Although enthusiasts of mediation welcomed the new law, mediation has not accelerated as…

Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Ireland, mediation as a career, Mediation Practice, Mediation Users/Clients

(Sabine Walsh Mediation)/ /1 Comment

This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them. I’m not sure what this says about us, or about such resolutions, but, never one to miss an opportunity to make a nice list, I have made some mediation-specific resolutions nonetheless. First of…