General

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.)

(Mediar360 - Dispute Resolution )/ /Leave a comment

After a long wait, Corporate Mediation is slowly becoming recognized as an important settlement tool outside the small circle of current practitioners and enthusiasts, reaching a widespread audience which was unimaginable in Brazil not long ago. Among other evidence, a regulatory framework for Corporate Mediation is currently being debated at the Brazilian Senate, the traditional…

Causes of Conflict, Conflict, Developing the Field, General, Training, Transformation

(National University of Singapore, Faculty of Law)/ /Leave a comment

I should state at the outset that I have a confession to make. Not quite yet but soon. As a long term practitioner and teacher of negotiation and mediation, it has occurred to me on many occasions that much of the conflict, trouble and strife that we experience, whether at an interpersonal level or international…

Accreditation, ADR, Availability of Mediators, Clients, Commercial Mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Reform, Samoa, Stories, Training, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

From the Samoan Observer 28 August 2013 Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale. Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea…

ADR, Developing the Field, General, Legal Issues, Legislation, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

According to the National Council of Justice, there are close to 90 million lawsuits currently in course in Brazil. On average, it takes around 10 years for a lawsuit to reach closure after all appeals have been exhausted. In an effort to face this almost unbearable situation, the Brazilian court system has been fostering several…

Apology, Civil rights, Cross-cultural, Developing the Field, Discrimination, General, Interests, Language, Mediation Practice, Mediation Schemes (In Courts, etc.), National Mediation Laws, Stories, Success in mediation

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

While these mediations are commercial at heart, they beat with a cultural pulse and there is a sense of majesty as the Crown sits down to kōrero with Iwi … gather around, for the history of the real Middle Earth is not one of hobbits and magical rings, but of a people struggling to coexist in a…

Communication, General, Language, Neuroscience, Skills

(National University of Singapore, Faculty of Law)/ /Leave a comment

Much has been written about the impact of body language on communication. I have in a previous entry addressed the connection between non-verbal communication and the building of rapport. While body language is the commonly used term, I prefer the term non-verbal communication for two reasons. First, the term “body language” is a metaphor that…

Developing the Field, General, Lawyers, Mediation Practice

(Mediar360 - Dispute Resolution )/ /Leave a comment

A lot has been said about how to spread the mediation culture in Brazil. Undoubtedly, it is critical to improve the awareness of mediation as a useful tool in dispute resolution, targeting potential users and clients especially. These are the people who will select and recommend mediation to solve disputes and lawyers are probably the…

ADR, Developing the Field, Dispute Resolution, General, Mentoring, Training, Transformation

(National University of Singapore, Faculty of Law)/ /1 Comment

Last year, I wrote about the Peacemakers’ Initiative and talked a little about its intent, objectives and effect. This year, I want to provide readers, by way of update, a development that is both touching and an indication that things are on the right track. To set the context, the Peacemakers’ Conference is an initiative…

Commercial Mediation, Due Process, General, Instinct, mediation models, Mediation Practice, Mediators’ Conduct, Negotiation, Stages of mediation

(Bill Marsh Mediator)/ /3 Comments

Here is a confession. I have a theory (in the best traditions of Monty Python). It is totally untested. I am pretty certain that it would not survive rigorous, double-blind trials. It may, however, contain some seeds of insight. My theory – wait for it – is that mediations where one or more of the…