Jurisdiction

Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of an ADR Clause, International Mediation, Jurisdiction, Legal Issues, Legislation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Regulation

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

What makes good mediation law? For those of you who have been following the plot, you will recognise this as the second in a series of three posts introducing what is now called the RRR — Regulatory Robustness Rating for mediation jurisdictions. You may also notice the name change. Yes, what originated as the Mediation…

ADR, ADR Agreements, ADR Clauses, Confidentiality, Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Practice, Mediation Users/Clients, Regulation, user perspectives

(Singapore International Dispute Resolution Academy)/ /2 Comments

Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to…

Australia, Commercial Mediation, Domestic Courts, Governments/Public Sector, Judges as mediators, Jurisdiction, Mediation Institutions and Rules, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…

ADR, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, mediation as a career, mediation models, Mediation Practice, Reform, Regulation, Training

(Sabine Walsh Mediation)/ /1 Comment

Amati, the Association of Mediation Assessors, Trainers and Instructors, held their second international conference in Coventry at the beginning of this month. The theme was Moving Over: Developing Conversation Training and Hybrid Models in Mediation. This relatively new organisation, aimed at those of us training and assessing mediators, has the aim of “benchmarking best practice”…

ADR, ADR Clauses, Clients, Commercial Mediation, Confidentiality and Transparency, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Lawyers, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Act, Mediation Agreement, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Policy, Practical Challenges for Mediators, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Trade, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted? Say your client is a multinational corporation doing business with numerous organizations around the globe. Your…

ADR, Business, Commercial Mediation, Conciliation, Confidentiality, Confidentiality and Transparency, Corporate Counsel's View, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Jurisdiction, Lawyers, Litigation, Med-Arb Clauses, Mediation Reforms (Legislation, etc.), Reform, UN and International Organizations, Uncategorized, UNCITRAL Model Law

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

In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of…

Accreditation, ADR, Availability of Mediators, Clients, Commercial Mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Reform, Samoa, Stories, Training, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

From the Samoan Observer 28 August 2013 Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale. Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea…

Commercial Mediation, Court Procedure and Litigation, Deal Mediation, Enforcement, Evaluative Mediation, Judges as mediators, Jurisdiction, Mediation Reforms (Legislation, etc.), Practical Challenges for Mediators, Uncategorized, War Stories

(Weiler ADR Inc.)/ /Leave a comment

In what I hope readers of this blog will consider a deft segue, I want to shift from the successful judicial mediation that I highlighted last month to one that didn’t proceed quite so smoothly. Deals negotiated in mediation tend to hold or, at least, that’s been the conventional wisdom. The theory is that because…

Accreditation, ADR, Cross-cultural, Developing the Field, Dispute Resolution, General, Hong Kong, Jurisdiction, Legal Issues, Legislation, mediation as a career, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Standards, Training

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

Well, the New Year is a time for reflections, making new resolutions and fresh starts. In Hong Kong the 1st of January 2013 saw a fresh start for the mediation regulatory regime with the coming into force of the Mediation Ordinance (MO), which I wrote about last month. But it’s not just the MO, which…