Jurisdiction

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

(Core Solutions Group)/ /Leave a comment

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

ADR, Dispute Resolution, Promoting Mediation, Public Policy, Reform, Research, Ukraine

(Kyiv-Mohyla Academy, Ukraine )/ /Leave a comment

During the last twenty years, mediation has spread around the world with an amazing speed, resulting in what was called a ‘global ADR revolution’. Furthermore, mediation has become a conventional part of the court reform projects supported by international donor organizations within democracy aid programmes in developing and transitional countries all over the world. However,…

Court Procedure and Litigation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Regulation

(Sabine Walsh Mediation)/ /2 Comments

Finally, after many twists and turns, lobbying, and a not insignificant amount of blogging on my part, Ireland’s new Mediation Act, 2017 was signed into law by the President on 2nd October 2017. For those unfamiliar with my rantings and ravings (other than the learned discussions of my colleagues) over the years, a little background:…

Community Mediation, Developing the Field, Dispute Resolution, Mediation and Society, Mediation Users/Clients, Negotiation, Neuroscience, Promoting Mediation, Public Policy, Reform, Scotland

(Core Solutions Group)/ /3 Comments

So much to blog about this month. We had a really great time in Edinburgh with Ken Cloke recently. Ken kindly agreed to be our first Patron for Collaborative Scotland.  We held an event in the Scottish Parliament for leaders of civic Scotland and a number of members of the Scottish Parliament, many of whom,…

Commercial Mediation, Dispute Resolution, Legislation, Mediation Practice, Vietnam

(Vietnam National University, Faculty of Law, University of Economics and Law)/ /Leave a comment

1. Introduction Although private commercial mediation has been offered in Vietnam for around ten years,[1] Some arbitration centres in Vietnam introduced and offered private commercial mediation since 2007 the Vietnamese Government’s enactment of Decree 22/2017/NĐ-CP on 24 February 2017 on Commercial Mediation (hereinafter Decree 22) has been significantly meaningful. Firstly, the Decree 22 has steadily…

Brexit, Europe, Negotiation, Tactics

(University of Strathclyde)/ /1 Comment

Negotiation teachers often scratch their heads looking for scenarios to engage students – something realistic, complex and with high enough stakes to motivate participants. Recently it came to me that we in the UK are sitting on a negotiation goldmine. The Brexit negotiations are certainly real, arguably the most complex we’ve ever undertaken and have…

Accreditation, Cross-cultural, Developing the Field, Evaluative Mediation, Future of mediation, Hong Kong, mediation models

(Singapore International Dispute Resolution Academy)/ /1 Comment

Greg Bond’s recent post on mediation cultures reminded me of an encounter I had with a group of mediators several years ago. Allow me to share with you my recollection of what happened. I was conducting a workshop on international and intercultural approaches to mediation for 15 freshly-minted mediators from a European country — all…

Dispute Resolution, Environmental disputes, Environmental Mediation, Future of mediation, India

( O.P. Jindal Global University, Jindal Global Law School)/ /2 Comments

The judgment by the Uttarakhand High Court granting entities such as the River Ganga, River Yamuna and more recently the Yamnotri [1] Mohd.  Salim v. State of Uttrakhand and Ors, W.P.PIL No.  126 of 2014  and Gangotri glaciers [2] Lalit Miglani v. State of Uttarakhand, W.P.PIL No. 140 of 2015 the status of legal personality under…

ADR, Arbitration, Europe, European Law, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Institutions and Rules, Mediation Users/Clients, Reform, Regulation, Uncategorized

(CMS)/ /Leave a comment

The European Commission has recently published a consultation document on the ‘Prevention and amicable resolution of disputes between investors and public authorities within the single market’. Industry associations, practitioners (e.g. lawyers, arbitrators, and mediators), civil society organizations, as well other citizens and organizations are invited to submit their contributions through an online questionnaire by November…