Jurisdiction

caucus, Commercial Mediation, Developing the Field, Experts, General, Joint Sessions, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation process, Mediation Users/Clients, Reflective Practice, Scotland, Stages of mediation, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /Leave a comment

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much the clients and others appreciate a creative approach to the…

Dispute Resolution, Future of mediation, Legislation, Mandatory mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Reform, Regulation, Turkey

(Istanbul Bilgi University, Turkey)/ /Leave a comment

On 12 October 2017, the law numbered 7036 on labour courts was adopted making mediation mandatory in certain types of labour disputes in Turkey. Accordingly, a claim for the collection of receivables or compensation either by the employer or employee or for the reinstatement of an employee, must first be filed before a mediation bureau….

Commercial Mediation, Conflict, Dispute Resolution, Improvisation, Mediation Practice, mediation process, Reflective Practice, Scotland, Skills

(Core Solutions Group)/ /5 Comments

Recently, I was ruminating about analogies between cricket and mediation. Cricket is a much-loved sport in Scotland. Sadly, nowadays, changes in the climate mean that cricket in my home country is more often affected by summer rain and damp conditions than a generation ago. Its future is less certain as a result. I have always…

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Japan, Promoting Mediation, UNCITRAL

(Waseda University) and (University of Sydney & Williams Trade Law)/ /1 Comment

More than 1,400 years ago, Japan codified Confucian and Buddhist approaches to governing in Prince Shotoku’s Constitution, whose first article provides that “[h]armony should be valued, and quarrels should be avoided.” The underlying principle, wa (harmony), was promoted and reflected in the fabric of Japanese society and may have contributed to a persistent preference for…

Dispute Resolution, Future of mediation, Legislation, Mediation Practice, mediation process, mediation traditions, Middle East, Policy, Promoting Mediation, Reform, Regulation, The role of the mediator

(Georgetown University Law Center)/ /Leave a comment

Mediation existed in the Middle East hundreds of years ago. In fact, the notion of deferring to a neutral and objective third-party for a decision towards the resolution of a dispute is well steeped in Arabic/Islamic traditions. For example, one of the most famous stories of Prophet Muhammad’s early life is that of him being…

Brazil, Legislation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

The debate regarding the urgency of modernizing Brazilian labour laws has been going for quite a while, probably dating back to early 80s. Over the last four decades, hundreds of professions have disappeared, thousands have been created and our legislation has remained almost untouched. As some of you may recall, not long ago, I posted…

ADR, Developing the Field, Dispute Resolution, Future of mediation, India, Negotiation, Promoting Mediation

(Peacekeeping and Conflict Resolution Team), (V M Salgaocar College of Law), and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

For many student mediators across the globe, the start of the new year will bring the final stages of their preparation for two mediation competitions. Next week, the Lex Infinitum competition will be held at V. M. Salgaocar College of Law, Goa, followed, in February, by the ICC Mediation Week in Paris. Now in its…

Decision making, Dispute Resolution, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Practical Challenges for Mediators, Scotland, Stories

(Core Solutions Group)/ /1 Comment

As the year comes to an end, I am expanding upon a story to which I referred in a previous blog, in the hope that it may provide a couple of useful reminders of what we do as mediators. I had eaten a chicken curry rather hastily at the hotel where I had been mediating…

Conflict, crisis negotiatons, Dialogue, Europe, Football, France, Germany, Stories, Violence, War Stories

(FORARB/Charles University)/ /Leave a comment

Christmas Spirit in Air It is hard to miss that the Christmas is coming, especially if you live in this part of the world. The streets of both major cities and smallest villages are decorated, the trees’ candles lit up and everybody is carrying lots of presents in public transport. If you are lucky enough,…

cross-border mediation, Developing the Field, Enforcement, International Mediation, Legislation, Mediation Act, Singapore, Third Party Funding

(Centre for International Law, National University of Singapore)/ /Leave a comment

The Singapore Mediation Act entered into force on 1 November 2017. As noted in an earlier post by Joel Lee, it is the product of painstaking study since 2013 by the Ministry of Law’s International Commercial Mediation Working Group, the Chief Justice, mediators, counsel, consultants, students, funders, international practitioners and dispute resolution institutions including the…