Future of mediation

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, History of mediation, Judges as mediators, Lawyers, lawyers in mediation, Litigation, Mandatory mediation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Training, Settlement Agreements, Standards, Training, Understanding mediation, user perspectives

(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…

Future of mediation, Mediation Practice, Policy, Public Policy, Scotland

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Back in 2020, just before the world changed, I wrote a blog post on this site suggesting the establishment of the World Mediators’ Alliance on Climate Change. My argument was that mediation offers a much more sustainable way to resolve disputes than many other processes. We could also do a lot to reduce our carbon…

Artificial Intelligene, Deal Mediation, Decision making, Dispute Resolution, Future of mediation, Mediation, Mediation and Society, Mediation Practice, Mediation wisdom

(Bruce Greig, Civil and Commercial Mediator)/ /Leave a comment

Most people’s experience of artificial intelligence (AI) is limited to interacting with a chat bot on their bank’s website. These bots are unimpressive, dispensing trivial and mostly unhelpful answers. Don’t be misled into thinking that unhelpful chat bots represent the state of the art in AI, though. The cutting edge of AI research has moved…

Australia, Dispute Resolution, Future of mediation, Mediation, Mediation and Society, Mediation Practice, Mediation wisdom, Online Mediation, Uncategorized

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Online processes in all professions soared during Covid. The legal profession was transformed. A multitude of online mediation platforms miraculously appeared and mediators barely skipped a beat. Benefits emerged – especially in a geographically vast continent like Australia – where advocates and their clients in distant locations saved significant costs in time, travelling expenses and…

ADR, Arbitration, Dispute Resolution, Future of mediation, Intellectual Property, International commercial mediation, lawyers in mediation, Legislation, Med-Arb Clauses, mediation process, Mediation Reforms (Legislation, etc.), Role of Mediator, user perspectives

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One of the important things that struck me about Dr. Anna Howard’s brilliant research into Mediation is the discovery that the General Counsel she interviewed for her project feel disappointed that the promise of mediation has not been realized. I feel the same disappointment – although my disappointment has a somewhat different source. What seems…

Brazil, Causes of Conflict, Conflict, Cooperation, Dialogue, Dispute Resolution, Future of mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

According to the Wikipedia, “Make love, not war” is an anti-war slogan commonly associated with the American counterculture of the 1960s. It was used primarily by those who were opposed to the Vietnam War, but it has been invoked in other anti-war contexts around the world since then. The part of the slogan – “make…

Appointment of Mediators, Cooperation, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Governments/Public Sector, International Conciliation, International Mediation, Negotiation, peace negotiations, Promoting Mediation, Public Policy, Scotland, Uncategorized

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Effective inter-governmental relations among the constituent parts of the United Kingdom are essential in an era of increased devolution of powers, post-Brexit allocation of responsibility and contested narratives about the future of the (uncodified) UK constitution. Background One of the rather depressing aspects of the constitutional impasse in the UK is that inter-governmental relations (IGR)…

Future of mediation, mediation as a career, Young Mediators

(ADR Center Romania) and (PHD Student at the Babeș-Bolyai University, Romania)/ /6 Comments

This post is written by Tudor Mureșan and Constantin Adi Gavrilă. It is about the transformations of a young mediator while interiorising restorative justice and mediation principles as a student at the Conflict Analysis and Management International Master Program organised by the College of Political, Administrative and Communication Sciences, Babeş-Bolyai University. Adi: Tudor, thank you…

Clients, Commercial Mediation, Creativity, Decision making, Developing the Field, Evaluative Mediation, Future of mediation

(University of New South Wales)/ /2 Comments

Reading Alan Limbury’s post last week on the value of the partisan challenged my thinking. Like all good challenges it provoked scrutiny of what I do as a mediator and where I consider I add value. As Alan’s partner in life and work it was particularly valuable to debrief his experience with him in greater…

ADR, cross-border mediation, Dispute Resolution, Future of mediation, ICSID, Investor-state mediation, Uncategorized

(International Centre for Settlement of Investment Disputes)/ /1 Comment

This series of blogs posts explores investment mediation from a variety of angles. In this third installment, we explain the primary differences between mediation and conciliation at ICSID. In part one, we explore how to determine whether mediation is an appropriate option for resolving an investment dispute, while part two looked at what mediation is—and…