Jurisdiction

Conventional wisdom, Creativity, Dispute Resolution, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Practical Challenges for Mediators, Scotland, Stages of mediation, Training, Uncategorized

(Core Solutions Group)/ /2 Comments

Three recent mediations in three jurisdictions raised some interesting issues.  Each mediation was different. One involved a claim for professional negligence against a firm of solicitors for (allegedly) incorrectly including an occupied building in the sale of a large piece of land. The sellers were unhappy that many years had elapsed since the transaction, a number of them passing while…

Commercial Mediation, cross-border mediation, Cross-cultural, Developing the Field, EU Mediation Directive, Europe, International Mediation

(Sabine Walsh Mediation)/ /Leave a comment

It’s the first week of February and therefore ICC International Mediation Week, including the International Commercial Mediation Competition. Those, like myself, who can’t be there, and are following the proceedings on social media, will have also noticed the save the date notice issued for the 2nd International Mediation and Negotiation Competition at the CDRC in…

Apologies, Apology, Conflict, Mediation Reforms (Legislation, etc.), Scotland

(Core Solutions Group)/ /2 Comments

It is perhaps rare for a piece of legislation to receive enthusiastic cross-party support in any legislature. However, that is just what has happened in Scotland with the very recently passed Apologies (Scotland) Act 2015. Over more than two years, Margaret Mitchell MSP has piloted this legislation through the Scottish Parliament with skill and tact….

Developing the Field, Evaluative Mediation, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, mediation models, Mediation Practice, mediation process, Singapore

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

Last week I spent some time with a European mediation organisation looking to review its mediator accreditation and practice standards. Somehow I expected a discussion about various accreditation initiatives around the world with perhaps some exploration of “mediation models” and how they fit into national regulatory frameworks. I was pleasantly surprised. What ensued was a…

Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Family Mediation, Future of mediation, Global Pound Conference Series 2016-17, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Reform, Singapore

(National University of Singapore, Faculty of Law)/ /Leave a comment

11 January 2016 saw the opening of the Singapore Legal Year. As is tradition, the Chief Justice of Singapore, Mr. Sundaresh Menon delivered his address to the legal fraternity. In his address, there were a number of initiatives relating to mediation which the writer would like to provide readers an update on. The Chief Justice…

Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Ireland, Lawyers, Legal Practice, Legislation, Litigation, Mediation Reforms (Legislation, etc.), Regulation

(Sabine Walsh Mediation)/ /Leave a comment

First of all a very happy New Year to all our readers! May 2016 bring you peace, happiness and many, many hours of successful mediation. Here in Ireland, all we would really like is for it to stop raining, even for an hour or two. With the last month having been the wettest on record,…

Apology, Causes of Conflict, Communication, Creativity, Dispute Resolution, Guitar, Humorous Pieces, Mediation Practice, Negotiation, Scotland, Tips, Uncategorized

(Core Solutions Group)/ /2 Comments

‘Tis the season to be merry. And indulgent. ‘Tis also the season when favourite songs are compiled by well-meaning souls into apparently themed collections. In the UK, we have a long-running radio show called “Desert Island Discs” in which celebrities and others select their favourite pieces of music as they reminisce about their lives. The…

Conflict, Developing the Field, Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation process, mediation traditions, Scotland, Uncategorized

(University of Strathclyde)/ /2 Comments

“Patients don’t expect doctors to be perfect. They do expect them to strive for perfection by opening up their work to scrutiny” Atul Gawande, Desert Island Discs, BBC Radio 4, 6/12/15. A bit of a treat for me last week, when four of my favourite academics came to Edinburgh. They were keynotes at Mediate Scotland…

Cognitive Bias, Commercial Mediation, Communication, Creativity, Negotiation, Scotland

(Core Solutions Group)/ /Leave a comment

Negotiating in Istanbul’s Grand Bazaar is an experience to relish. I’ve recently returned from three days in that wonderful city, helping lawyers, judges and mediators to expand the use of mediation in commercial disputes, inspired by the excellent work there led by Asiyan Suleymanoglu and her colleagues. Working with one of the pioneers of mediation…

Causes of Conflict, Developing the Field, Environmental Mediation, France, Growth of the Field (Challenges, New Sectors, etc.), Language, Mediation Practice

/ /Leave a comment

This comment has its origins in two events, separated by distance and utterly different in origin and impact, yet still linked by a common theme. This is also a partial continuation of the conversation started by Martin Svatos in the preceding entry: http://kluwermediationblog.com/2015/11/22/je-suis-paris-do-the-mediators-have-right-to-be-xenophobic/ One event, front and centre in our media and in the lives…