Future of mediation

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, 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…

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, Singapore Convention on Mediation

(Corporate counsel & author)/ /Leave a comment

Anyone managing international business disputes needs to understand the Singapore Convention on Mediation. Not just its terms and limitations, but the reasons why certain matters are included and why others are omitted, as well as how to interpret and apply it. All mediated business settlements with an international angle that are concluded from now on…

Developing the Field, Economics, Efficiency, Environmental Mediation, Future of mediation, Leadership, Mediation and Society, Mediation Practice, mediation process, Negotiation, Online Dispute Resolution (ODR), Online Mediation, Promoting Mediation, Scotland, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /10 Comments

“The ground is so wet; it wasn’t like this in the past. We can’t get started on this year’s soil preparation.” In a recent mediation involving farmers, this was the response to my early inquiry about how things were going, generally. These days, I find that the topic of climate change and its effects arises,…

Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Research

(University of New South Wales)/ /1 Comment

In his blogpost of December 2019, Alan Limbury gives us a thoughtful reminder of the history and background to the GPC. I too was in the audience at London’s historic Guildhall on October 29, 2014, when IMI gathered together users of mediation, lawyers, mediators, academics and others involved in dispute resolution processes and began an…

Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Legal Issues, Mediation Outcomes, mediation process, Promoting Mediation, Research, Scotland, Uncategorized, Understanding mediation

(University of Strathclyde)/ /2 Comments
Stop apologising

(This blog is adapted from a longer version published by Prof John Lande as part of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement. The Theory of Change symposium asked mediators and scholars to think big about their dreams and visions for the future, and was recently published on…

Future of mediation, International Mediation

(Weiler ADR Inc.)/ /Leave a comment

On January 3rd, the International Mediation Institute (IMI) released the first of eight documents reporting on the Global Pound Conference (GPC) events held in North America between 2016-17. IMI promises to release the remaining six-city reports, including the GPC Toronto Report, plus the GPC North America Report during January. While it’s hard to understand why…

ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Global Pound Conference Series 2016-17, Interests, Lawyers, Leadership, Mediation Institutions and Rules, Negotiation, Promoting Mediation, Skills, Training, user perspectives

(Strategic Resolution)/ /2 Comments

At a lunch at Globe House, Temple Place in London in early 2006 on a balcony overlooking the Thames, the host, Michael Leathes, then an in-house corporate counsel with some years of user experience in mediation and the arb-med hybrid, asked me and the others present – Jeremy Lack, Tina Monberg, Miryana Nešić and Irena…

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International Law, Investor-state mediation, Promoting Mediation, Singapore Convention on Mediation

(Georgetown University Law Center)/ /Leave a comment

“Does the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”) apply to investor-state disputes?” This intriguing question was deliberated recently at George Washington University Law School by a star-studded panel comprising of the Hon’ble Judge Charles N. Brower (Twenty Essex Street Chambers, London), Ms. Frauke Nitschke (Legal Counsel, ICSID) and Mr….