Jurisdiction

Brazil, Business, Creativity, Dispute Resolution, Future of mediation, Negotiation, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

In 2011, a computer gained fame as a celebrity. Its name was Watson*, of IBM. This was right after taking part in a very popular Q&A show on American TV (Jeopardy), in which Watson, with its ability to understand our language using only information recorded in its memory, and working offline, managed to successfully overcome…

Brexit, Conflict, Creativity, Dispute Resolution, Europe, Mediation and Society, Negotiation

(Core Solutions Group)/ /Leave a comment

On the face of it clarity and certainty would always appear to be preferable to ambiguity, in order that people know where they stand and can plan and act accordingly. However, in a recent article Fintan O’Toole reflected on the position of Northern Ireland in the Brexit negotiations and concluded: “…stopping the violence meant creating…

Causes of Conflict, Cognitive Bias, Commercial Mediation, Europe, Ireland, Mediation Practice, peace negotiations, Reflective Practice, Russia, Scotland

(Core Solutions Group)/ /2 Comments

I am travelling back from a couple of days in and around Dublin, discussing an initiative on respectful political dialogue with politicians, academics and conflict resolution professionals. It was a privilege to spend time at Glencree, the centre for peace and reconciliation which was one of those places where so much was done in recent…

Domestic Courts, EU Mediation Directive, Germany, Judges as mediators, Mediation Act, Mediation Practice, National Mediation Laws

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

The German Mediation Act was passed five years ago on 21 July 2012, after nearly all EU member states were required by a 2008 EU Directive to implement mediation legislation. I took the opportunity to talk about the Act and its effects with two experienced mediator-judges working in German courts. Anne-Ruth Moltmann-Willisch has been a…

Business, Efficiency, Reflective Practice, Scotland, Training, Transformation, Uncategorized

(Core Solutions Group)/ /1 Comment

About twelve months ago, I reluctantly attended a seminar in a classy hotel in London. A friend had encouraged me to go. I turned up rather late, missing the networking breakfast. I got my iPad out and got on with my emails as the speaker launched into his presentation. I was fairly sure I would…

ADR, Appointment of Mediators, Brazil, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, harmonisation of mediation law, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Uncategorized

(Mediar360 - Dispute Resolution )/ /4 Comments

As I have proudly published in several articles last year, Brazil has come a long way until it finally managed get its first Mediation Law into force. Find below a brief historic to remember this path: • 2004 – Start of the Judiciary Reform • 2010 – Ordinance No. 125 creates the National Judiciary Policy…

ADR, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Opt-Out, Promoting Mediation, Research, Scotland, Uncategorized, United States

(University of Strathclyde)/ /2 Comments

(This is a ‘letter to self’ about court ADR research sent from the American Bar Association Dispute Resolution Conference, San Francisco, April 2017.) Do Litigants Know Their Options? It’s always fascinating to come to a country where mediation is business as usual. There are some downsides to this, but the upside that immediately strikes a…

Australia, Developing the Field, Ethics, Future of mediation, lawyers in mediation, mediation models, Mediation Outcomes, Mediation Practice, mediation process, Neutrality, Uncategorized, Understanding mediation, Workplace Mediation

(University of Strathclyde)/ /4 Comments

Have you ever wondered who mediators are helping? The parties, obviously! Well, not so obvious to our critics. In this blog I consider worries about mediation’s approach to manifest injustice before making the case for understanding the mediator as co-creator, with the parties, of outcomes. I argue that co-creation enhances the prospects for justice. Stories…

Conciliation, Dispute Resolution, Germany, Legal Issues, Limitation period, National Mediation Laws, Regulation

(Eisenberger & Herzog Rechtsanwalts GmbH) and (zeiler.partners)/ /Leave a comment

Conciliation is attracting more and more users for its prided features as an easily accessible, cost- and time-effective procedure for dispute resolution. It is supported and also evidenced in the recent effort put into the discussion by UNCITRAL Working Group II to establish new instruments – a convention and a model law – with regard…

Co-mediation, Cross-cultural, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), lawyers in mediation, Mediation Lawyering, Mediation Practice, Negotiation, Promoting Mediation, Scotland, Training, Uncategorized

(University of Strathclyde)/
Students demonstrating cooperation

Morton Deutsch, the great social psychologist of common sense, explained the difference between competition and cooperation thus: “if you’re positively linked with another, then you sink or swim together; with negative linkage, if the other sinks, you swim, and if the other swims, you sink.”[1]Cooperation and Competition. In M. Deutsch, P. T. Coleman, & E….