Speaking recently with a lawyer friend about the way that mediation is impacting the traditional justice mechanisms, I was happy to observe more openness towards ADR than the usual “allergy to it”, yet the honest reply included “[…] unfortunately, not only lawyers can provide mediation services, and this will hurt the quality”. Of course, this…
I recently attended the annual American Bar Association Dispute Resolution conference in San Francisco. Several themes emerged (for me) as fairly critical for modern lawyers. Here’s a top ten. Problem-Solving and Risk Analysis is more than learning about the law or what a court might do. Most issues which clients bring to lawyers are resolved…
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation. In 2017 Singapore offers international parties a full suite of dispute resolution services for commercial cross-border disputes. The Singapore International Arbitration Centre (SIAC) is well-established, having been founded in 1991, and Singapore…
Earlier this month we published the first part of this two-part series on the mediation of competition law disputes. In this, the second part, Suzanne Rab, a barrister at Serle Court specialising in EU and UK competition law and regulation with a busy practice as a mediator, continues to share her insights on mediation in this niche…
“…the mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies. The failure to periodically step back and take stock of where we are and where we are going increases the likelihood of behavioural ‘drift’…
If you have been following this four-part series, you will be aware that Nadja Alexander, Anna Howard and I have been reflecting on a very current subject for the dispute resolution community: the enforceability of international commercial settlement agreements resulting from mediation. This week, the UNCITRAL Working Group II on arbitration and conciliation has been…
The 65th session of the UNCITRAL Working Group II on arbitration and conciliation in Vienna has commenced. Many mediators have been keenly monitoring the Working Group’s deliberations and discussions concerning the enforcement of international commercial settlement agreements resulting from conciliations (iMSAs). An unresolved but crucial question is the exact form that the final instrument should take….
As the 65th session of the UNCITRAL Working Group II on arbitration and conciliation nears, it seems timely to reflect on the issues likely to be discussed and debated in Vienna this week. In this post, I focus on the legitimacy of a proposed multilateral convention on the recognition and enforceability of international mediated settlement…
Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy. For those of you who are just picking up the RRR topic for the first time, you might like to check out Part 1 and Part 2 first. You will recall that the aim of the Rating System is to offer…
Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to…
