International Mediation

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

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011. Given the increasing interest in multi-tiered dispute resolution (MDR) processes such…

Commercial Mediation, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), Impasse, International Mediation, mediation as a career, mediation models, Public Policy, Uncategorized, War Stories

(Weiler ADR Inc.)/ /Leave a comment

Mediator is New Premier in Ontario Following my rant last month about the need for more mediators in public policy-making, the Liberal Party of Ontario has chosen a former mediator, Kathleen Wynne, as their new leader and, consequently, as the first woman Premier of Ontario. I had no idea this Blog had so much influence….

Environmental Mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, UN and International Organizations

(CMS)/ /2 Comments

Mackerel has recently been taken off the ‘Fish to Eat’ list of the Marine Conservation Society (MCS). Due to overfishing, MCS has downgraded its rating of this popular oily fish. The society believes that international arguments about mackerel quotas mean it is no longer a sustainable choice. MCS advises that mackerel should now only be…

Book Review, Causes of Conflict, Civil rights, Conflict, Conventional wisdom, Cross-cultural, Dispute Resolution, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, peace negotiations, Practical Challenges for Mediators, UN and International Organizations

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

Prior to Christmas I found myself in Jerusalem, Israel – the heart of the heart of the conflict of our time. Here, no one agrees on anything – even the monks from various Christian denominations (Greek Orthodox, Armenians, Catholics and others) responsible for The Church of the Holy Sepulchre where Christ was crucified, argue amongst…

ADR, Cross-cultural, Developing the Field, Dispute Resolution, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, mediation models, Understanding mediation

(International Mediation Institute)/ /1 Comment

I once had the honour to meet the first woman in Space, Valentina Tereshkova. She said something that has always stuck in my mind: “Once you have been in Space you appreciate how small and fragile the earth is”. She meant that Space is a good place to be if you want put things into…

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…

Conflict, Cross-cultural, Developing the Field, Europe, Family Mediation, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Reforms (Legislation, etc.), Mentoring, Transformation

(Sabine Walsh Mediation)/ /Leave a comment

The location was the Old Post House in Stafford, a traditional English, allegedly haunted, building with excellent conference facilities, good food and awful coffee. The occasion was World Conflict Resolution Day, this year on 18th October. About 45 mediators from around the world had gathered for a day of lectures on workshops on mediation. The…

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…