Future of mediation

Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Legal Issues, Mediation Lawyering, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Uncategorized, Understanding mediation

(University of Strathclyde)/ /9 Comments

Intellectual life is beset by ‘gap’ problems. Philosophers wrestle with the ‘mind-body problem’: the gap between material and non-material aspects of human existence. All science can be construed as an attempt to bridge the gap between what is and what we can imagine: an inductive corrective to deductive supposition. Roger Cotterrell describes law’s gap problem…

Australia, Clients, Co-mediation, Commercial Mediation, Conventional wisdom, Future of mediation, General, Improvisation, mediation as a career, mediation models, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Practical Challenges for Mediators, Skills, Training, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

The legendary cellist Pablo Casals was once asked why he continued to practice at the age of 90. “Because” he replied, “I think I’m making progress”. It is an extraordinary acknowledgement from a man widely regarded as one of the greatest ever cellists. Let’s be clear – Casals was a colossus in his world. Fritz…

Book Review, Business, Clients, Communication, Conflict, Conventional wisdom, Dispute Resolution, Efficiency, Future of mediation, General, Lawyers, Lawyers and Psychologists, Legal Practice, Litigation, Mediation Lawyering, Mediation Practice, mediation traditions, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Scotland, Skills, Social intelligence, Status, Transformation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /2 Comments

I have been reflecting recently on the individual and collective professional journeys we all undertake – and on the different stages we reach. My reading has taken me to a thought-provoking book by theologian Richard Rohr, entitled Falling Upward. Rohr’s thesis, put very simply, is that there are two stages to life. The first, necessary,…

ADR, Clients, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Due Process, Efficiency, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Lawyers, Legislation, Litigation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, Public Policy, Uncategorized

(ADR Center)/ /Leave a comment

The recent publication of a study conducted for the European Parliament on Mediation, “Rebooting the Mediation Directive,” has contributed to the ongoing debate about effective mediation policy. I am the coordinator of that Study, whose results were based on 816 questionnaires completed by respondents from the 28 member states of the EU. The Study determined…

Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), India, mediation as a career, Scotland, Uncategorized

(University of Strathclyde)/ /Leave a comment

Lots of talk about ADR competitions on this blog, so I’ll throw my hat in the ring. Last month I took a team of students to the INADR International Law Student Mediation Tournament in Chicago (http://www.inadr.org/tournaments/law-school-tournament). This was the 13th competition and it was truly international, with 52 teams representing 17 US institutions and 22…

Commercial Mediation, Conventional wisdom, Creativity, Efficiency, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Lawyers and Psychologists, mediation as a career, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Mentoring, Mistakes, Singapore, Standards, Status, Stories, Success in mediation, Switzerland, Understanding mediation, War Stories

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Having last week returned to New Zealand from Singapore where I was honoured take part in the launch of the ICC Mediation Rules, I saw first hand the support for mediation in Singapore from powerful institutions like the Singapore Judiciary and the Ministry of Law. Singapore, and my guess is Asia in general, is in the…

EU Mediation Directive, Europe, Future of mediation, Regulation, Standards, Training

(Sabine Walsh Mediation)/ /Leave a comment

As we in Ireland wait…and wait for our promised mediation legislation one of the topics that featured strongly in the consultative process which preceded drafting of our mediation bill was mediator certification and regulation. Confronted with rather vague requirements not extending beyond mediators giving clients evidence of their qualifications, if requested, in the drafts heads…

Commercial Mediation, Costs in Mediation, Efficiency, Enforcement of a Mediation Clause, Future of mediation, Judges as mediators, Lawyers, Legal Practice, Mediation Agreement, Practical Challenges for Mediators

(Weiler ADR Inc.)/ /Leave a comment

Greetings from the heart of the Polar Vortex! Yes, it’s been a brutally cold and snowy winter here in Ontario, Canada, but now, in late February, the lengthening days and (relatively) warmer temperatures remind me of that point in a mediation when it seems that all hope of resolution has forever frozen over and yet,…

ADR, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Lawyering, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

I have written before in this blog about Scotland’s slow pace of change (http://kluwermediationblog.com/2012/05/12/mediation-in-scotland-some-practical-questions-and-a-nudge-in-the-right-direction/). A naturally cautious nation, our ‘old world’ response to new ideas has generally been ‘what’s wrong with the old ones?’ I was comforted by Constantin-Adi Gavrila’s recent post on this blog which underlined that Scotland is not the only European nation…

Court Procedure and Litigation, Developing the Field, Domestic Courts, Family Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Reform

(Sabine Walsh Mediation)/ /1 Comment

Despite half the country being under water, the first few weeks of 2014 have brought with them some new developments in mediation and related areas. While not all of these developments are welcome, one gets a sense that the need for change in many areas, including the legal system, is being acknowledged and acted upon…