International Law

Co-mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Europe, Family Mediation, International Law, International Mediation, mediation models, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

As much as we might like mediation’s fluid and often intangible nature, every now and then it can be of benefit to come across some research which enables us to take a step back and look at the impact our work is having on our clients, even long after the execution of the Memorandum of…

Conciliation, International Law, International Mediation, Mediation Users/Clients, Regulation, UN and International Organizations

(CMS)/ /Leave a comment

(Foreign) investor – (host) State disputes are for many reasons an intriguing and fast developing part of legal and dispute resolution practice. Since the late 1990s, the number of such disputes has increased sharply: In 1997, 19 known cases were brought against states. By 2007, there were over 250 known cases, and more than 450…

ADR, Appointment of Mediators, Availability of Mediators, Bias, Clients, Commercial Mediation, Conflict, Developing the Field, Due Process, Ethics, Future of mediation, Hong Kong, International Law, International Mediation, mediation as a career, Mediation Practice, Skills, Standards

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

I come from a Western mediation tradition that argues strenuously for neutrality and impartiality in a mediator. Indeed, one of the first questions lawyers will ask when hiring me is whether or not I have any conflict of interest – in other words, do I know those involved in the dispute, have I worked with…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

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

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…

ADR, ADR Agreements, Cross-cultural, Deal Mediation, Developing the Field, Disclosure, Dispute Resolution, Dispute Resolution Clause, EU Directive on Mediation, EU Mediation Directive, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Legal Theory and Teaching, International Mediation, Lawyers, Mediation Practice, Mediation Reforms (Legislation, etc.), Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Public Policy, Reform, Regulation, Samoa, UNCITRAL Model Law, War Stories

(Singapore International Dispute Resolution Academy)/ /2 Comments

As I write these lines, I am working on a commercial mediation project in the Pacific nation of Samoa – yes the one that has just jumped across the international dateline. My blog post today is a reflection on an aspect of this work that is relevant, not just to me, but to any of…

Co-mediation, Cross-cultural, Developing the Field, EU Mediation Directive, Europe, European Law, Family Mediation, International Courts, International Law, International Mediation, Mediation Practice

(Sabine Walsh Mediation)/ /1 Comment

As globalisation progresses and migration increases, the number of bi-national and bi-cultural relationships and marriages is increasing. This brings a new richness and diversity to our society, but can also bring new challenges and difficulties when those relationships break down. One of the difficulties that can arise is international parental child abduction, where one parent…