One week after the terrorists’ assaults in Paris, one may have witnessed a whole scale of different responds to this terrible tragedy: From the manifestation of solidarity and fraternity to the expression of hatred and collective responsibility judgements. The later is alerting, especially when you can see it among the dispute resolution professionals. Do mediators…
I’ll start with a story. Bear with me as it unfolds. I’ll discuss the learning later. Here goes: The door closed behind me and I descended the stairs. I often take the stairs in hotels to get some exercise. Sometimes, the stairs combine as a fire exit. But you can (nearly) always get out at…
Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…
In recent weeks, I have had the privilege of mediating and facilitating in different matters with representatives of four governments . On one occasion they were on the same “side”; on another, notionally on different sides. A common theme to emerge was the needs and behaviours of political masters who were not present. The representatives…
This question emerges from a recent three-way Skype conversation with a couple of mediation colleagues, in anticipation of a US-sponsored conference on ADR, to be held in Brazil later this year. As it transpired, the predominant interest of the conference was and is on arbitration rather than mediation, so that conversation has taken a longer…
In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…
At long last, on 20 August 2015, the French Government transposed a 2013 EU directive regulating mediation for consumer disputes. This new piece of legislation, which aims at increasing the use of mediation in sales and service consumer contracts, could create new business opportunities for mediators. The big picture : the idea behind the Directive…
My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition. One topic which stimulated some forthright conversation was the use…
Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from “that’s an interesting idea” to “it has nothing whatever to do with it”. At a conference earlier this year a senior lawyer claimed he could count…
In Buenos Aires, the city where I currently practice mediation, mediation is mandatory before suing the other party. Thanks to this system, I was able to start mediating my first cases right after I was certified. After a few cases, however, I began to realize just how overwhelming it can be when parties’ advocates are…
