Jurisdiction

Conflict, Cross-cultural, Developing the Field, Europe, Family Mediation, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Reforms (Legislation, etc.), Mentoring, Transformation

(Sabine Walsh Mediation)/ /Leave a comment

The location was the Old Post House in Stafford, a traditional English, allegedly haunted, building with excellent conference facilities, good food and awful coffee. The occasion was World Conflict Resolution Day, this year on 18th October. About 45 mediators from around the world had gathered for a day of lectures on workshops on mediation. The…

Conflict, Court Procedure and Litigation, Dispute Resolution, Employment, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Practical Challenges for Mediators, Scotland

(University of Strathclyde)/ /3 Comments

This week in Glasgow, Strathclyde University hosted the first seminar in a series entitled ‘Reframing Resolution – Managing Individual Workplace Conflict’. The six seminars will take place across the UK over the next 12 months and the opener was ambitiously called ‘Understanding Individual Employment Disputes.’ The day contained elements that were encouraging and others that…

Developing the Field, Hong Kong, Mediation Practice, Policy, Scotland

(University of Strathclyde, Law School)/ /1 Comment

It’s nice to be asked.  It means that someone somewhere is taking notice of your work.  Yes conference invitations are generally a good thing.  They are a bit like buses though.  You hang around for eons waiting on them and then suddenly two come at once.  Thus I find myself this May being invited to…

ADR, Appointment of Mediators, Availability of Mediators, Bias, Clients, Commercial Mediation, Conflict, Developing the Field, Due Process, Ethics, Future of mediation, Hong Kong, International Law, International Mediation, mediation as a career, Mediation Practice, Skills, Standards

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

I come from a Western mediation tradition that argues strenuously for neutrality and impartiality in a mediator. Indeed, one of the first questions lawyers will ask when hiring me is whether or not I have any conflict of interest – in other words, do I know those involved in the dispute, have I worked with…

Europe, European Law, Online Dispute Resolution (ODR), Regulation

(CMS)/ /Leave a comment

The Report on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) (COM(2011)0794 – C7-0453/2011– 2011/0374(COD)) has been published by the Internal Market and Consumer Protection Committee (IMCO) of the European Parliament. IMCO has been working on two legislative proposals…

Mediation Schemes (In Courts, etc.), Switzerland

(Esprit d’entente)/ /Leave a comment

Since 1 January 2007, the law governing the criminal status of Youth (youngsters) has introduced the possibility of mediation. In Geneva, the Youth Court may delegate certain matters to mediation pursuant to a “Directive”. Such a process allows the victim and the offender to participate voluntarily and actively in the resolution of the offense or…

Community Mediation, Court Procedure and Litigation, Developing the Field, Ireland, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Sabine Walsh Mediation)/ /1 Comment

I recently spent a very pleasant evening chatting to a German colleague over beer and toasted marshmallows. To my surprise, she prefaced much she had to say with the comment, “but sure mediation is much more established and better developed in Ireland than here (Germany)”. I was a bit puzzled by this perception, because as…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…

Clients, Commercial Mediation, Lawyers, Switzerland

(Esprit d’entente)/ /1 Comment

What is the possible role of the lawyer in a commercial mediation? How the lawyer should interact with his client in the mediation process? Here are some thoughts for using the lawyer as a positive element in the mediation involving a commercial dispute. Before mediation The lawyer should, as far as possible, facilitate transactional solutions…

Community Mediation, Switzerland

(Esprit d’entente)/ /Leave a comment

What is the association The Geneva Association for neighbourhood mediation (“AsMéd-GE”, see website, in French, www.mediation-de-voisinage.ch) was created in 1994 in Geneva, Switzerland, by people from various social movements: neighbour and community associations, parents of students, social services, non-violent movements, political parties, justice… Its goal is the promotion of mediation for disputes involving neighbours. The…