General

Court Procedure and Litigation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Issues, Legal Practice, Mediation Lawyering, Mediation Practice, Negotiation

(Singapore International Dispute Resolution Academy)/ /2 Comments

It is a fact of life that lawyers will be involved in many mediations, particularly where they involve litigation matters. Despite initial reluctance to embrace mediation, the tide is turning as Sabine Walsh explains in her posting, Of Turkeys and Christmas – The Role of Lawyers in Mediation. A specialised form of legal practice is…

Developing the Field, Dispute Resolution, General, Ireland, Lawyers, Legal Issues, Legal Practice

(Sabine Walsh Mediation)/ /1 Comment

Our local mediator’s association here in the Northwest of Ireland recently ran a public seminar on mediation and the future of alternative dispute resolution. The two keynote speakers were two very distinguished lawyers, a High Court Judge and a Senior Barrister. As I looked around the room, it struck me just how many lawyers were…

Bias, Clients, Conciliation, Conflict, General, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct

(Bill Marsh Mediator)/ /Leave a comment

I recently came across a new word – new to me, at least, which was irritating because I pride myself on having a pretty good vocabulary. The word is “Chaordic”. To quote Wikipedia, “The portmanteau chaordic refers to a system of governance that blends characteristics of chaos and order”. The term was apparently coined in…

Causes of Conflict, Clients, Confidentiality and Transparency, Conflict, Developing the Field, Ethics, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Training

(Pel Mediation)/ /Leave a comment

In mediation, the art of the mediator is to lead the mediation participants to the best possible solution of their conflict, based on their underlying interests. It is the art of seduction to shift the focus from their points of view and desired outcomes to interests, and also from the escalation-driven wish to “win” and…

Accreditation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Practice, Success in mediation, Training

(Singapore International Dispute Resolution Academy)/ /3 Comments

In my capacity as a trainer and educator of mediators, I am frequently asked about entry into the mediation profession: “Once I pass my accreditation assessment, I want to become a full-time mediator…” The mediation training market continues to boom, confirming a continuing strong interest in mediation as a career path. However the supply of…

Appointment of Mediators, Family Mediation, General, Mediation Practice

(Aina Blankson LP)/ /Leave a comment

With all the surrounding pomp and pageantry particularly in the African culture, seating through a wedding ceremony by couple could be quite splendid. Optimisms are usually high as couple fantasize about a future of possibilities for each other and their children. In contrast, seating through a child custody legal battle can be quite horrific as…

Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.)

(ADR Center Romania)/ /1 Comment

In the Romanian Parliament there has been submitted a draft to amend the legislative framework regarding mediation. Thus, according to the draft, prior to referring the case to the court of law or the criminal pursuit body, Parties or any of these are bound to try and settle the conflict by mediation, under penalty of…

General, Mediation Practice, Practical Challenges for Mediators

(First Mediation Corporation)/ /1 Comment

There is a short period of time in any difficult mediation where the tension escalates and tough negotiation decisions have to be made. Some people call this a ‘do or die’ moment. Its like the last vote in the Supreme Court in Gore v. Bush. Or its Tiger Woods chipping in from the fringe of…

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

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

The term “ADR” is certainly familiar to not just those of us in the teaching and practice of mediation, but legal practitioners as well. In this post, I want to share some thoughts about the evolving nature of the “A” in ADR and how this is both reflective of the changes that have occurred in…

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Developing the Field, General, Lawyers, Mediation Practice, Mediators’ Conduct

(Bill Marsh Mediator)/ /2 Comments

These days, I don’t go to that many mediation conferences. I haven’t lost my interest or passion for mediation, I just find that the conferences are all full of mediators talking to mediators. And while some of my best friends are mediators, I don’t need a conference to talk to them. The harsh truth is…