The introduction of the Singapore Convention on Mediation (SCM) last year has intensified the long-standing debate on professional mediator standards. A previous blog post called for China to streamline its legislation on commercial mediation, and another spoke of the prospects of proliferating and harmonizing standards in the Middle East. The idea of a global mediator…

The process of discerning what to write about in a blog is interesting. Sometimes inspiration comes quickly. On other occasions, there is a barren wilderness, or a hotchpotch of half-formed ideas. This month feels like the last of these. I thought to write about a really excellent new book by the Oxford economists, Paul Collier…

Hot off the heels of the Singapore Convention, The Singapore International Mediation Centre (SIMC) and the Japan International Mediation Center (JIMC) on 12 September 2020 signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Singapore-Japan corridor, with an economical, expedited and effective route for resolving commercial…

On this day, the Singapore Convention on Mediation comes into force. You can view the ratification ceremony here.. At the time of writing, there are 53 State Parties to the Convention, six of which have ratified it (Singapore, Fiji, Qatar, Saudi Arabia, Belarus and Ecuador). Qatar was the third signatory State Party to deposit its…

In recent years, mediation has been actively discussed for the investor-state dispute settlement (ISDS) regime, particularly as a means of reducing costs and delays. This interest is one reaction to growing discontent about the option of investor-state arbitration (ISA) typically offered by host states in international investment treaties, to make substantive commitments (like non-discrimination) more…

The deeply-felt norm of conducting mediation on a single day is eroding as everyone adjusts to the realities of the coronavirus crisis and people appreciate the benefits of spreading out the process over time. This post describes the evolution around the world to what I have called “planned early multi-stage mediation.” One-Day Mediations For many…

Looking back to my lunch on a balcony overlooking the Thames in 2006, I am struck by how far dispute resolution has developed since our host, Michael Leathes, asked: “how, if we could, might we improve the dispute resolution world”? In my opinion Michael’s contribution to that development has been as significant as that of…

The impact of the COVID-19 pandemic on the administration of justice has led to commendable judicial innovation, such as the use of virtual hearings, while much of the workload has been postponed until the resumption of face to face hearings is declared safe. In a message to judges in the UK Civil and Family Courts…

Do Black Lives Matter

“Racially discriminatory behavior may be reduced more effectively when racial issues are made salient rather than ignored or obscured.” (1) This week I’ve been thinking about white privilege. Ok, my white privilege. Like much of the planet I was horrified by the casual, almost routine asphyxiation of George Floyd. I wasn’t surprised by protest and…

Going online is an opportunity to rethink old ways and try out new ones. For mediators, trainers, coaches, and teachers. Professionally the crisis can be an opportunity. While of course also a threat, with loss of business and income in many sectors, including mediation, facilitation and coaching. The competition for work may become tougher. This…