Lawyers

ADR, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Lawyering, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

I have written before in this blog about Scotland’s slow pace of change (http://kluwermediationblog.com/2012/05/12/mediation-in-scotland-some-practical-questions-and-a-nudge-in-the-right-direction/). A naturally cautious nation, our ‘old world’ response to new ideas has generally been ‘what’s wrong with the old ones?’ I was comforted by Constantin-Adi Gavrila’s recent post on this blog which underlined that Scotland is not the only European nation…

Below the line, Commercial Mediation, Communication, Confidentiality, Confidentiality and Transparency, conlfict coaching, Conventional wisdom, Creativity, Developing the Field, Ethics, Future of mediation, General, Instinct, Interests, Language, Lawyers, Mediation Lawyering, mediation models, Mediation Practice, Mistakes, Skills, Stages of mediation, Uncategorized, Understanding mediation, War Stories

(Brick Court Chambers / Clifton Chambers)/ /5 Comments

This is where I did my best work in Christmas week – in the twilight zone between the joint session room to the right of the water cooler and the private caucus room off to the left by the green bins. Corridors can be furtive and risky spaces on mediation days – ‘don’t ask me…

Accreditation, Commercial Mediation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Lawyers, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Reform, Regulation, Singapore, Standards

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

So, dear Readers, This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore. On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial…

Developing the Field, General, Lawyers, Mediation Practice

(Mediar360 - Dispute Resolution )/ /Leave a comment

A lot has been said about how to spread the mediation culture in Brazil. Undoubtedly, it is critical to improve the awareness of mediation as a useful tool in dispute resolution, targeting potential users and clients especially. These are the people who will select and recommend mediation to solve disputes and lawyers are probably the…

Developing the Field, Lawyers, Legal Practice, Mediation Lawyering, Training

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

I wrote in a previous entry about Encouraging Mediation – Recent Developments in Singapore. Those developments referred to court-based initiatives that made it necessary for lawyers to bring to their clients’ attention the possibility of turning to ADR to resolve their matter as well as the courts taking into account the parties’ conduct in relation…

'Money-only' Cases, Appointment of Mediators, Availability of Mediators, Commercial Mediation, Conventional wisdom, Corporate Counsel's View, Dispute Resolution, Evaluative Mediation, Future of mediation, General, Instinct, Lawyers, Mediation Outcomes, Mediation Practice, mediation traditions, Skills, Surveys

(Brick Court Chambers / Clifton Chambers)/ /2 Comments

Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the process and butt out of the outcome. Recently there have been a number of calls for mediators to do more – more what is…

Appointment of Mediators, Availability of Mediators, Clients, Costs in Mediation, Developing the Field, Efficiency, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Public Policy

(ADR Center Romania)/ /Leave a comment

If I look back 10 years ago I can notice that mediation has had an evolution which at that time, we could but hope for. From the random pilot projects and the search “laboratories” of this activity, in the year 2013, mediation has become a freestanding profession and even a social and professional phenomenon. Mediation…

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Lawyers, Legal Practice, Litigation, Mediation Practice, Mediation Users/Clients

(Linklaters LLP)/ /Leave a comment

You may have seen a post on 17 April 2012 exploring the thinking behind the Commercial Mediation Group, an affiliation that aims to give a voice to the users of commercial mediation services. The post explained what the CMG had been up to since its inception and communicated the results of a survey on topical…

ADR, Below the line, Clients, Commercial Mediation, Conflict, Corporate Counsel's View, Creativity, Decision making, Dispute Resolution, Due Process, Efficiency, Ethics, insider and outsider mediators, Instinct, Lawyers, Mediation Practice, mediation traditions, Mediation Users/Clients, Mentoring, Mistakes, Neuroscience, Planning, Skills, Standards, Stories, Success in mediation, Survivor

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

Down here in New Zealand it’s high summer and most of the country will spend until the end of January at the beach. I remember, when I was still at my law firm 10 years ago, the feeling of brief respite at this time of year before having to put on my boots again and trudge…

Apologies, Clients, Creativity, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, mediation models, Mediation Practice, Mediation Schemes (In Courts, etc.), National Mediation Laws, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…