International Mediation

Civil rights, Co-mediation, Communication, Conflict, Cooperation, COVID-19, Dialogue, Europe, General, Governments/Public Sector, insider and outsider mediators, Interests, International Mediation, Investor-state mediation, Mediation Outcomes, mediation process, Public Policy, Transformation, Trust

(Bill Marsh Mediator)/ /4 Comments

In a few weeks’ time I will come to the end of a two-year mediation engagement in South Eastern Europe. The conflict in question relates to environmental pollution. The issues are complex and heavily contested, and there are many stakeholders – government, city authorities, environmental groups, investors and business, to name a few. It has…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

Cooperation, COVID-19, History of mediation, International Mediation, Mediation and Society

(Resolve / New Vision University)/ /3 Comments

Last week I was interviewed by the communications specialist whose role is to develop a communications strategy for Mediators Association of Georgia. By interviewing mediators, he wanted to get a feel and inspiration which would help him work out an efficient strategy of communication on mediation. One of the first questions he asked was something…

Appointment of Mediators, Cognitive Bias, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, ICSID, International commercial mediation, International Mediation, Investor-state mediation

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

Interest is growing in the use of mediation for investor-state disputes. Recent webinars on investor-state mediation (including SIDRA’s recent webinar) have explored ICSID’s new investor-state mediation rules, the role of the Singapore Convention for investor-state mediation and the need for further domestic legislation on mediation. Discussions at these virtual conferences have also emphasised the importance…

Commercial Mediation, cross-border mediation, Cross-cultural, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement

(Lutran Avocats & Mediation) and (Attorney & Lecturer, Sorbonne University)/ /Leave a comment

Settlement agreements reached through mediation are mere contracts and not court decisions. As such, and in the absence of a statutory framework, enforcement of mediated settlements can only be carried out voluntarily by the parties. Failing which, the aggrieved party must enter into a court or arbitral process through which the defaulting party is compelled…

ADR, Argument, Australia, Commercial Mediation, Conflict, Dispute Resolution, International commercial mediation, Med-Arb Clauses, Mediation Practice, mediation process, mediation traditions

(University of New South Wales)/ /Leave a comment

I say regularly that students make the best teachers. My students continue to prove me right. In my recent ADR program I confessed to my undergraduate students that having a conversation about culture was something that made me very anxious. I feel poorly prepared and I fear, with the best intentions, causing offence and appearing…

Appointment of Mediators, COVID-19, cross-border mediation, Cross-cultural, Developing the Field, Dispute Resolution, Economics, Efficiency, Email, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, Japan, Legal Issues, mediated settlement agreement, Mediation Practice, Online Dispute Resolution (ODR), Online Mediation, Singapore, Singapore Convention on Mediation

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

Hot off the heels of the Singapore Convention, The Singapore International Mediation Centre (SIMC) and the Japan International Mediation Center (JIMC) on 12 September 2020 signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Singapore-Japan corridor, with an economical, expedited and effective route for resolving commercial…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Investor-state mediation, Promoting Mediation, Research

(University of Sydney Law School)/ /2 Comments

In recent years, mediation has been actively discussed for the investor-state dispute settlement (ISDS) regime, particularly as a means of reducing costs and delays. This interest is one reaction to growing discontent about the option of investor-state arbitration (ISA) typically offered by host states in international investment treaties, to make substantive commitments (like non-discrimination) more…

Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, SIDRA Survey, Singapore, Singapore Convention on Mediation, Surveys, Understanding mediation, user perspectives

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

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…

ADR, Arbitration, Developing the Field, Dispute Resolution, Experience, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Investor-state mediation, lawyers in mediation, Mediation Practice, Mediation Users/Clients, Research, Singapore, Singapore Convention on Mediation, Surveys, user perspectives

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

The Singapore International Dispute Resolution Academy (SIDRA) released its International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’) on 3 July. It is a compendium of the experiences and views of legal and client users from common and civil law jurisdictions on why and how they choose dispute resolution mechanisms to resolve cross-border disputes….