General

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…

Clients, Confidentiality, Confidentiality and Transparency, Disclosure, Family Mediation, General, Language, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Uncategorized

(National Alternative Dispute Resolution Advisory Council)/ /Leave a comment

Mediation doesn’t require special premises. It can be conducted in any type of place. There are Native Title mediations for Indigenous Australians that can happen at least in part on the land in question, under a tree or on a hill side. Mediations in the workplace often happen in the place where the dispute originally…

Accreditation, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Ethics, EU Directive on Mediation, Family Mediation, General, Ireland, Legislation, Mediation Reforms (Legislation, etc.), Reform

(Sabine Walsh Mediation)/ /1 Comment

As I sat down at my desk the other day to think about what to blog about this month, e- mails and text messages suddenly started pinging into my inbox giving me the rather exciting news that the Minister for Justice had just published the draft Mediation Bill, promised in the Programme for Government set…

Availability of Mediators, Clients, Developing the Field, Dispute Resolution, Efficiency, Ethics, General, Mediation Practice, Mediation Users/Clients, Success in mediation

(ADR Center Romania)/ /3 Comments

The mediators are complex personalities. The mediators are part of the world-wide intellectual elite by promoting the purpose, the importance and the usefulness of the collaborative thinking in the pursuit of a vision founded on the quality of life. The mediators are helping people with cleaning the “dust of ignorance” off the human diamante, rediscovering…

Cross-cultural, Developing the Field, Europe, General, International Mediation, Mediation Practice, Training, Uncategorized

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

It´s about the students and they did themselves proud with South Texas College of Law taking out the magnificent glass trophy – goodness knows how they got it past security at Charles de Gaulle.  Bar Ilan University (Israel) was runner up and there was not much in it. The beautiful people of the mediation world were…

Developing the Field, General, Practical Challenges for Mediators

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

[Author’s Note: Some of the ideas in this post are taken from Nassim Nicholas Taleb’s book “The Black Swan”. I highly recommend it. I have probably misunderstood and misrepresented some of what he has said. All mistakes are mine] I was recently in Seoul presenting at the “Mediation In Asia” conference organized by the Korea…

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

(Singapore International Dispute Resolution Academy)/ /5 Comments

Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent…

Accreditation, Appointment of Mediators, Arbitration, Clients, Developing the Field, Due Process, Ethics, Europe, General, Governments/Public Sector, harmonisation of mediation law, Mediation Agreement, Mediation Institutions and Rules, Mediation Practice, Mediators’ Conduct, Regulation, Responsibility of States, Standards, Success in mediation, Training

(Pel Mediation)/ /Leave a comment

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…

ADR, Arbitration, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Pre-arbitration Dispute Settlement Procedures

(Hong Kong Shue Yan University)/ /Leave a comment

The recent decision in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Others [2011] HKEC 514, (the “wining and dining” mediation case) has generated a considerable amount of interest in the murky depths of the Arbitration-Mediation (“Arb-Med”) facility. Practitioners and academics are still engaged in deep discourse nearly two months after the case…