Jurisdiction

Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Mandatory mediation, Mediation Act, Mediation Institutions and Rules, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Opt-Out, Scotland, Uncategorized

(University of Strathclyde)/ /Leave a comment

To paraphrase a worldwide cliché, you wait decades for a Mediation Act and two come along at once. On this typically dreich Scottish summer afternoon I find myself in the surprising position of examining two distinct proposals for mediation legislation. Why surprising? This blog has carried news of a succession of mediation acts in countries…

Brazil, Dispute Resolution, Environmental disputes, Environmental Mediation, Online Dispute Resolution (ODR), Online Mediation

(Mediar360 - Dispute Resolution )/ /Leave a comment

I owe my recent participation in a very challenging project to my dear friend and mediation partner, Constança Madureira. For some time, she has been able to build a career as a lawyer and associate it with an extensive and respected professional background in the hotel and lodging industry. Having worked in top executive positions…

Commercial Mediation, Community Mediation, Developing the Field, Domestic Courts, Europe, Future of mediation, Mediation Act, Mediation and Society, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Neuroscience, Opt-Out, Promoting Mediation, Public Policy, Reform, Regulation, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /2 Comments

Being a mediator brings surprises along the way. For me, I was presented with what turned out to be the biggest challenge of my professional career last November when the Cabinet Secretary for Health in Scotland appointed me to conduct a review of allegations made by staff (through whistle-blowers) of bullying and harassment in Scotland’s…

Bias, Cognitive Bias, Creativity, Decision making, Framing, Japan, Personal Development, Reflective Practice

(Core Solutions Group)/ /Leave a comment

A recent visit to Japan coincided with the inauguration of the new Emperor Naruhito and the start of what has been designated as the ‘Reiwa’ era. This is officially translated as beautiful harmony, although other interpretations have also mentioned order and control! At the ceremony to mark his ascension to the Chrysanthemum Throne the new…

Brexit, Cognitive Bias, Dispute Resolution, Europe, Negotiation

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

I am sorry for writing about Brexit again here. It is not as if Brexit matters that much. To readers of this blog outside of Europe perhaps not all. But I cannot resist it. I was thinking about writing about the Beatles and The Rolling Stones – arguably equally as UK-centric as Brexit. Well, I…

ADR, Developing the Field, Dispute Resolution, Future of mediation, Georgia, Legislation, Mediation Act, Mediation Practice, National Mediation Laws, Regulation

(Resolve / New Vision University)/ /2 Comments

“Courts should be the alternative!” – is the slogan coined by the Minister of Justice of Georgia voicing the Government of Georgia’s will to promote the use of out-of-court mechanisms of dispute resolution. And this is not only for domestic disputes. The Government has declared its will to promote Georgia as a regional center for…

ADR, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Litigation, Mediation and Society, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Practical Challenges for Mediators, Scotland, Stories, Uncategorized, Understanding mediation

(University of Strathclyde)/ /1 Comment
Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

ADR, Brazil, Co-mediation, Commercial Mediation, Dispute Resolution, lawyers in mediation, Young Mediators

(Mediar360 - Dispute Resolution ) and (Attorney at Law (New York Bar))/ /Leave a comment

Last month, we had the presence of Ahdieh (Ati) Alipour Herisi in Brazil as a judge for the occasion of the CPR International Mediation Competition . Ati is a young, enthusiastic and brilliant lawyer and mediator who was born in Iran and lived, studied and worked in many different places such as Los Angeles, New…

Azerbaijan, Developing the Field, Dispute Resolution, Future of mediation, Legislation, Mediation Act, National Mediation Laws, Opt-Out, Regulation

(ArbMe Dispute Resolution)/ /Leave a comment

Azerbaijan adopted the Law on Mediation on March 29, 2019. The Law is based on the principles of UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation and different CEPEJ guidelines on mediation. In addition, the Law follows the so-called opt-out mediation model (hereinafter “Opt-Out Mediation Model”), by requiring attendance…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Singapore

, , (Singapore International Dispute Resolution Academy)/ /1 Comment

Whether we are talking about arbitration, mediation or litigation, it seems that international dispute resolution systems are evolving rapidly. Think of the recent emergence of international commercial courts in ascendant global cities like Dubai and Singapore, the new UNCITRAL spotlight on reforming of investment arbitration, the United Nation’s adoption of the Singapore Convention on Mediation…