Our local mediator’s association here in the Northwest of Ireland recently ran a public seminar on mediation and the future of alternative dispute resolution. The two keynote speakers were two very distinguished lawyers, a High Court Judge and a Senior Barrister. As I looked around the room, it struck me just how many lawyers were…
In the land of plenty (austerity packages) and decennial litigation fights, a new hope seems to emerge for the first time. Mediation is in the mouths of lawyers and the minds of academics. It is also part of the MoJ’s agenda since 2010. My objective is to present you the mediation landscape in Greece, and…
Promotion and legislation on mediation in The Netherlands Machteld Pel, Pelmediation I would like to present an update about the promotion and legislation on mediation in the Netherlands and the possible influence of promotion and regulation on the use of mediation. Since the end of the nineties, the promotion of ADR has been an active…
As I sat down at my desk the other day to think about what to blog about this month, e- mails and text messages suddenly started pinging into my inbox giving me the rather exciting news that the Minister for Justice had just published the draft Mediation Bill, promised in the Programme for Government set…
It´s about the students and they did themselves proud with South Texas College of Law taking out the magnificent glass trophy – goodness knows how they got it past security at Charles de Gaulle. Bar Ilan University (Israel) was runner up and there was not much in it. The beautiful people of the mediation world were…
Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…
The recent decision in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Others [2011] HKEC 514, (the “wining and dining” mediation case) has generated a considerable amount of interest in the murky depths of the Arbitration-Mediation (“Arb-Med”) facility. Practitioners and academics are still engaged in deep discourse nearly two months after the case…
As I write these lines, I am working on a commercial mediation project in the Pacific nation of Samoa – yes the one that has just jumped across the international dateline. My blog post today is a reflection on an aspect of this work that is relevant, not just to me, but to any of…
On December 15, 2011, the Act for the Promotion of Mediation and other Procedures of Extrajudicial Conflict Settlement (Gesetz zur Förderung der Mediation und anderer Verfahren der außergerichtlichen Konfliktbeilegung) was passed in the “lower chamber” of the German parliament (Deutscher Bundestag). The adoption of the Act was based on the recommendation of the Legal Committee…
As we head into a new year of mediation and managing conflict in the world it strikes me that, at least in this little corner of Europe, the discipline of mediation itself is at a crossroads. A combination of political and socio-economic circumstances and potential legal developments could lead to mediation taking a greater part…
