Legislation

Accreditation, Developing the Field, Dispute Resolution, EU Directive on Mediation, Family Mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Reforms (Legislation, etc.), Reform, Regulation

(Sabine Walsh Mediation)/ /1 Comment

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…

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…

ADR, Dispute Resolution, Efficiency, Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), Public Policy, Uncategorized

(Mediare)/ /Leave a comment

The evolution of society, its population growth and the consequent increasing complexity as to relationships made it necessary that the natural right to justice become a right guaranteed by the State. That came about due to the fact man used to make justice himself using physical violence and imposing his own interests. Access to Justice…

ADR, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Domestic Courts, Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws

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

The modern mediation movement was established in Singapore in the mid-1990s. I say modern because historically, the population of Singapore (both indigenous and migrant) practiced their own forms of mediation. With colonization came the English common law and court system that unfortunately saw the reduction, if not demise, of these local forms of mediation. When…

Australia, Legal Practice, Legislation

(National Alternative Dispute Resolution Advisory Council)/ /Leave a comment

Australia is passing legislation encouraging parties to most forms of civil disputes to take genuine steps to resolve their dispute prior to commencing litigation. The idea came from a report of NADRAC (National Alternative Dispute Resolution Advisory Council) of which I am the new Chair. NADRAC advises the Commonwealth Attorney-General and has been in existence…

ADR, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Practice, National Mediation Laws, Public Policy

(Mediare)/ /Leave a comment

CNJ, the National Justice Council created on December 31st, 2004, and set up on June 14th, 2005 is an organization of the Brazilian Justice Department, with headquarters in the Federal District. It covers the whole national territory aiming at the coordination, administrative control and improvement of public services as far as Justice is concerned. Its…

Accreditation, ADR, Availability of Mediators, Clients, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Ethics, EU Mediation Directive, Europe, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legislation, Mediation Act, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Not-for-Profit Organizations (NGO), Practical Challenges for Mediators, Public Policy, Reform, Regulation, Responsibility of States, Standards, Training

(ADR Center Romania)/ /Leave a comment

As an effect of the Romanian Mediation Law and the EU Directive, for the past years, the mediation profession is growing exponentially in Romania. To date, seven or eight thousand mediators took the basic training and almost three thousand became authorized by the Romanian Mediation Council while the other five thousand were mainly interested in…

Confidentiality, Costs in Mediation, EU Mediation Directive, Ireland, Legislation, Mediation Practice, National Mediation Laws

(Sabine Walsh Mediation)/ /Leave a comment

One of the things I value most highly about my mediation practice is the trust that is put in me by the people with whom I work. The parties to a mediation will tell me about their hopes, wishes and fears within a conflict, and will trust me to keep these to myself. It is…