Future of mediation

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…

Cross-cultural, Dialogue, Dispute Resolution, Flexibility, Future of mediation, History of mediation

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

When I was recently asked to say something about the “future of mediation” for International Mediation Awareness Week, with a focus on dispute resolution and culture, I first got my crystal ball out of the cupboard, dusted it down, and had a good stare into it. Unfortunately, it wasn’t working very well and I was…

Business, Causes of Conflict, Commercial Mediation, Communication, Conflict, conlfict coaching, Cooperation, Dialogue, Dispute Resolution, Ethics, Europe, Experience, Flexibility, Future of mediation, International Mediation, Mediation, Mindset, Uncategorized

(University of New South Wales)/ /1 Comment

The Program on Negotiation at Harvard (PON) sends to subscribers a daily blogpost of interesting negotiation thoughts and analyses. It regularly visits the negotiation styles of world leaders with the idea that ‘by studying the negotiation styles of famous leaders, we can identify what to emulate and what to abandon’. Unsurprisingly it has shone a…

ADR, Arbitration, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Mandatory mediation, Mediation Act, Mediation Institutions and Rules, mediation process, Mediation Schemes (In Courts, etc.), Policy, Scotland, Uncategorized

(University of Strathclyde)/ /11 Comments
Shows forms of dispute resolution and the thick line between mediation and arbitration

Law students are probably familiar with a diagram like the one above. It arranges different ways of resolving disputes according to how much say parties have in the outcome. Much as Felstiner and colleagues (1) famously described disputes being transformed into court cases through ‘naming, blaming and claiming,’ this graphic illustrates a parallel transformation in…

ADR, Deal Mediation, Dispute Resolution, Evaluative Mediation, Family Mediation, Future of mediation, India, International Mediation, lawyers in mediation, Mediation, Mediation and Society, mediation models, Mediation Practice, Mediation Training, Mediation wisdom, Mediators’ Conduct, Policy, The role of the mediator, Uncategorized

(Hoffmann Eitle ) and / /1 Comment

Mr. Jawad has been a mediator since 2007 and a passionate promoter of mediation in India from its earliest days. Jawad works as a mediator and trainer with the Mediation and Conciliation Project Committee of the Supreme Court of India and is a global faculty with ADR ODR International UK. He is a SIMI accredited…

Future of mediation, mediation process, Online Dispute Resolution (ODR), Online Mediation, Research, Zoom

(Waseda University)/ /2 Comments

It is common to hear people observe, reflecting on the pandemic, that things will never go back to the way they were. There is certainly good reason to believe that virtual meetings are now a fact of life. If you “zoom” you are either moving fast or teleconferencing on Zoom, capitalization optional, according to the…

Communication, Conflict, COVID-19, Dialogue, Dispute Resolution, Future of mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

Currently, Brazil is the second country with the highest number of cases of Burnout Syndrome. This syndrome (which was even included in the International Classification of Diseases of the World Health Organization in 2019) is defined as “emotional exhaustion”, and its main symptoms are related to anxiety and depression, a very common situation in today’s…

Future of mediation, Lawyers, Leaders, Mediation Practice, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /2 Comments

Some time ago, in these pages, I proposed the World Mediators’ Alliance on Climate Change. Out of that initiative grew the Mediators’ Green Pledge. Out of that we hope to see a supportive corporate pledge and a conference at the time of COP26 in November. More on that later. This month, I’d like to float…

Court Procedure and Litigation, Developing the Field, Future of mediation, Legal Issues, Mandatory mediation, Mediation Outcomes, Mediation Practice, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Policy, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /13 Comments
Graffiti commenting on truth and its usefulness today

I started mediating in my early 30s, surely old enough to know the difference between truth and fiction. Yet after a couple of years I began to say, first to myself then to my friends, that the concept of truth was ‘no longer useful’ in my work. What did I mean and how did I…

Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Practice, Mediation Schemes (In Courts, etc.), Mentoring, Reflective Practice, Reflective practise, Scotland, Training, Uncategorized

(University of Strathclyde)/ /Leave a comment
University of Strathclyde, host to Learning by Doing, mediation clinic conference

By the everyday miracle of Zoom, Carrie Menkel-Meadow spoke from her LA office to a Glasgow conference with a worldwide audience. Wrapping up ‘Learning by Doing,’ the UK’s first conference devoted to mediation clinics, her keynote described the inspiration for a whole career: a colleague in her legal aid office in the 1970s. While Carrie…