Future of mediation

ADR, Dispute Resolution, Future of mediation, Mediation Practice, mediation process, Planning, Reform, Stages of mediation, Time Pressure

(University of Missouri Center for the Study of Dispute Resolution)/ /3 Comments

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…

Dispute Resolution, Future of mediation, Mediation Practice, Mediation Reforms (Legislation, etc.)

(Strategic Resolution)/ /2 Comments

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…

ADR, Commercial Mediation, Court Procedure and Litigation, COVID-19, Developing the Field, Dispute Resolution, Domestic Courts, European Law, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mandatory mediation, Mediation Reforms (Legislation, etc.), Reform

(Strategic Resolution)/ /Leave a comment

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…

Appointment of Mediators, Co-mediation, Commercial Mediation, Developing the Field, Discrimination, Experience, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation and Society, mediation as a career, Mentoring, Personal Development, Practical Challenges for Mediators, Scotland, Uncategorized, Young Mediators

(University of Strathclyde)/ /3 Comments
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…

Accreditation, Co-mediation, COVID-19, Creativity, Developing the Field, Flexibility, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Leadership, Mediation as a business, Mediation Practice, Online Mediation, Personal Development, Practical Challenges for Mediators, Preparation, Reflective Practice, Skills, Training, Workplace Mediation

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

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…

COVID-19, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, Legal Issues, Legislation, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Online Dispute Resolution (ODR), Online Mediation, Singapore

(Singapore International Dispute Resolution Academy)/ /1 Comment

What is the SIMC COVID-19 Protocol? The Singapore International Mediation Centre (SIMC) has just launched the SIMC COVID-19 Protocol to provide businesses with an expedited, economical and effective route to resolve any international commercial disputes during the COVID-19 pandemic period. SIMC’s Covid-19 protocol is a great example of a leading mediation service provider reaching out…

COVID-19, Future of mediation, Mediation and Society, Policy, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /3 Comments

I was privileged recently to give opening remarks at a meeting of mediators in the International Academy of Mediators. The remarks were a reflection on the times we as mediators are living in. I share an adapted version here. “There is no us and them, only us”. These words were uttered here in Edinburgh in…

Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Singapore Convention on Mediation

(Tahota Law Firm)/ /1 Comment

The Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”) makes a huge contribution to the success of international arbitration by providing tools for global enforcement of arbitral awards. To that end, international mediation has been underused because of the lack of necessary international enforcement mechanisms of mediated settlement agreements….

ADR, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Efficiency, Experience, Flexibility, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation, Patience, Preparation, Promoting Mediation, Reflective Practice, Reflective practise, shuttle mediation, Success in mediation, Time Pressure, Transformation, user perspectives

(Bill Marsh Mediator)/ /20 Comments

For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…

China, COVID-19, Europe, Future of mediation, Leadership, Mediation and Society, Neuroscience, Perception, The role of the mediator

(FORARB/Charles University)/ /Leave a comment

Early in the morning, I got a call from a lawyer representing one of the parties in cross border mediation. “Would you consider changing the venue for our meeting?”, he asked. Usually not a surprising demand. This time an expected one. We were about to meet in Milan, Italy which at the time being had…