Future of mediation

Appointment of Mediators, Commercial Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), India, Judges as mediators, Legislation, Mediation Practice, Particular Sectors (e.g. Construction, Banking, etc.), Regulation

(Indian Institute of Arbitration & Mediation (IIAM))/ /3 Comments

The Ministry of Corporate Affairs (MCA), Government of India, notified the “Companies (Mediation and Conciliation) Rules, 2016” on September 9, 2016. With the publication of these Rules, Central Government introduces a structure of setting up of a panel of mediators or conciliators who will have the role to communicate the view of each party in…

Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Practice, Mentoring, Training, Young Mediators

(Lawyer, Mediator and Trainer in Conflict Resolution)/ /2 Comments
Young Mediators Initiative (YMI)

Change, transformation, and peace. These are some of the words that the participants of the project “Mediation: a new tool for dealing with conflicts In Youth Work” stated when we asked them to define their experience during that week. “Mediation: a new tool for dealing with conflicts In Youth Work” was a combined Training Course…

Commercial Mediation, Developing the Field, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Regulation, UN and International Organizations, UNCITRAL

(Centre for Commercial Law Studies, Queen Mary University of London), (Singapore International Dispute Resolution Academy), and (Singapore Management University)/ /Leave a comment

“…the mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies. The failure to periodically step back and take stock of where we are and where we are going increases the likelihood of behavioural ‘drift’…

Commercial Mediation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

If you have been following this four-part series, you will be aware that Nadja Alexander, Anna Howard and I have been reflecting on a very current subject for the dispute resolution community: the enforceability of international commercial settlement agreements resulting from mediation. This week, the UNCITRAL Working Group II on arbitration and conciliation has been…

Commercial Mediation, Conciliation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Settlement Agreements, UN and International Organizations, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (Centre for Commercial Law Studies, Queen Mary University of London)/ /2 Comments

The 65th session of the UNCITRAL Working Group II on arbitration and conciliation in Vienna has commenced. Many mediators have been keenly monitoring the Working Group’s deliberations and discussions concerning the enforcement of international commercial settlement agreements resulting from conciliations (iMSAs). An unresolved but crucial question is the exact form that the final instrument should take….

Conciliation, Developing the Field, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, Mediation Outcomes, Mediation Reforms (Legislation, etc.), National Mediation Laws, New York Convention, Regulation, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy), (Centre for Commercial Law Studies, Queen Mary University of London), and (Singapore Management University)/ /1 Comment

As the 65th session of the UNCITRAL Working Group II on arbitration and conciliation nears, it seems timely to reflect on the issues likely to be discussed and debated in Vienna this week. In this post, I focus on the legitimacy of a proposed multilateral convention on the recognition and enforceability of international mediated settlement…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Europe, Future of mediation

(Centre for Commercial Law Studies, Queen Mary University of London) and (Serle Court)/ /Leave a comment

We first worked together in the competition law department of an international law firm. 14 years have since passed – at a spirited pace – and we now find ourselves, for an assortment of reasons and opportunities, working in mediation. On a rainy summer’s day in London, I met with Suzanne Rab, a barrister at…

Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of an ADR Clause, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Legal Issues, Legal Practice, Legislation, Mediation Agreement, Mediation Reforms (Legislation, etc.), regulatory robustness rating for mediation, Settlement Agreements

(Singapore International Dispute Resolution Academy) and (Sabine Walsh Mediation)/ /Leave a comment

Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy. For those of you who are just picking up the RRR topic for the first time, you might like to check out Part 1 and Part 2 first. You will recall that the aim of the Rating System is to offer…

ADR, ADR Agreements, ADR Clauses, Confidentiality, Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Practice, Mediation Users/Clients, Regulation, user perspectives

(Singapore International Dispute Resolution Academy)/ /2 Comments

Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to…

Business, Corporate Counsel's View, Developing the Field, Future of mediation, lawyers in mediation, Legal Practice, mediation as a career, Surveys

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Recently, Dr. Grant Morris of Victoria University in Wellington, New Zealand completed valuable research on the nature of private commercial mediation in New Zealand. The aim of the June 2016 research was to examine the commercial mediation market from a gatekeepers’ perspective – that inevitably meant lawyers were the main source of data. Commercial lawyers at…