Jurisdiction

EU Directive on Mediation, EU Mediation Directive, Europe, European Law, International Mediation, Mediation Reforms (Legislation, etc.), Reform, Uncategorized

(Stockholm Arbitration & Litigation Center (SALC))/ /3 Comments

No one expected that the implementation of the EU Mediation Directive would come about easily(1). The recent report from the European Parliament on the implementation of the EU Mediation Directive attests to the difficulties encountered by Member States in implementing the Directive(2). The Report illustrates the uphill battle faced by the mediation community as a…

ADR, Europe, European Law, Legislation, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Online Mediation, Particular Sectors (e.g. Construction, Banking, etc.), Regulation

(CMS)/ /Leave a comment

On November 29, 2011, the European Commission announced (MEMO/11/840) its proposals for a new Directive on consumer ADR and a new Regulation on consumer ODR. With some countries in the Eurozone in deeper financial trouble than ever, and the future of the EU uncertain, the Commission has just sent a clear signal that the promotion…

Australia, Dispute Resolution, Dispute Resolution Clause, Domestic Courts, EU Directive on Mediation, Judges as mediators, Legal Issues, Legal Practice, Mediation Practice, Regulation, Success in mediation

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

In his blog post on the 22nd of November, Kenny Aina referred to judges who mediate, commenting that many judges do not possess a mediator’s paradigm. To find out what that is, you will have to read Kenny’s blog. However, like it or not, many judges do mediate, both retired judges and active judges. In…

Mediation Act, Mediation Reforms (Legislation, etc.), Switzerland

(Esprit d’entente)/ /Leave a comment

It has been nearly a year since the Federal Code of Civil Procedure (“CCP”) has entered into force in Switzerland (text available, in French, at: http://www.admin.ch/ch/f/rs/c272.html). The purpose of this post is to briefly describe how mediation is now legally embodied at the judicial level and whether this contributes to the development of mediation in…

ADR, Business, Commercial Mediation, Dispute Resolution, Europe, General, Growth of the Field (Challenges, New Sectors, etc.), Success in mediation

(Herbert Smith LLP)/ /2 Comments

One of the things that has been exercising me for some time is the question of what constitutes success in commercial mediation. I ask the question because the experience of the London office of my international law firm – which has attempted to gather data on mediations in which we have participated for nearly 15…

ADR, Arbitration, Bias, Clients, Combined Clauses, Commercial Mediation, Cross-cultural, Dispute Resolution, Evaluative Mediation, General, Hong Kong, Humorous Pieces, International Courts, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Outcomes, Mediators’ Conduct, Pre-arbitration Dispute Settlement Procedures, Public Policy, Uncategorized

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

Hong Kong is the global city of designer ‘labels’ as even the most reluctant of shoppers cannot fail to observe. It is also the city of fakes – fakes with labels and fakes without labels – and the place where the ‘No Fake’ label and the ‘No Label’ label thrive! Confused? Well don’t worry, Hong…

Co-mediation, Cross-cultural, Developing the Field, EU Mediation Directive, Europe, European Law, Family Mediation, International Courts, International Law, International Mediation, Mediation Practice

(Sabine Walsh Mediation)/ /1 Comment

As globalisation progresses and migration increases, the number of bi-national and bi-cultural relationships and marriages is increasing. This brings a new richness and diversity to our society, but can also bring new challenges and difficulties when those relationships break down. One of the difficulties that can arise is international parental child abduction, where one parent…

ADR, Commercial Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Mediation Reforms (Legislation, etc.), Public Policy, Reform

(University of Strathclyde)/ /5 Comments

Scotland sits on the north-west fringe of Europe, and is probably best known for whisky, rain and heroic failure on football and rugby pitches. While part of the United Kingdom of Great Britain and Northern Ireland, many people don’t realise it has its own legal system. And why should they? Even English publications often talk…

ADR, Australia, Cross-cultural, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Med-Arb Clauses, Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Practical Challenges for Mediators, Uncategorized

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

They say that you can take the girl out of Australia but that you can’t take Australia out of the girl. So as an Australian living in Hong Kong, let me leave the east-meets-west stories for another time and begin with the very Australian concept of BYO. It’s a long established tradition in Australia to…

Developing the Field, Family Mediation, General, Ireland, Lawyers, Lawyers and Psychologists, Legal Issues, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Practical Challenges for Mediators

(Sabine Walsh Mediation)/ /Leave a comment

I recently met an acquaintance of mine whom I have not seen for some time. He asked what I am doing, job wise. I replied that I am now doing mediation full time. “Oh,” he replied “do you do legal mediation or family mediation?” I smiled wearily and launched into my usual explanation of what…