Mediation Practice

ADR, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Lawyers, lawyers in mediation, Legal Issues, mediated settlement agreement, Mediation Practice, Reflective Practice, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

, (Singapore International Dispute Resolution Academy)/ /4 Comments

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…

ADR, Dispute Resolution, Mediation Practice, mediation process, Personal Development, Success in mediation

(Weiler ADR Inc.)/ /Leave a comment

You’re mediating an insurance matter. The angry and cynical male plaintiff wails, “They’re insulting me with this offer! But, what else should I expect from a f*****g insurance company!?” The “seen it all before” plaintiff’s lawyer wearily closes her laptop. “That’s it!”, she says. “We’re outta here unless you go back and get us a…

ADR, China, Co-mediation, Commercial Mediation, cross-border mediation, Developing the Field, Italy, Mediation Practice

(The Italy China Business Mediation Centre)/ /Leave a comment

A recent experience as co-mediator for the Italy China Business Mediation Centre  (a mediation centre jointly run by the Milan Chamber of Arbitration and CCPIT Mediation Centre) with a CCPIT (The China Council for the Promotion of International Trade) mediator from China in a commercial dispute between a Chinese company and an Italian company, has…

Developing the Field, Mediation Practice, Mediators’ Conduct, Personal Development, Reflective Practice, Scotland, Success in mediation, The role of the mediator, Transformation

(Core Solutions Group)/ /3 Comments

“The last great act of a courageous leader is to let go,” I suggested to the CEO as he pondered whether this was in fact a good time to step down. He had many reasons not to leave. He attributed these to other people’s needs for a good transition, giving him a decent send-off, planning…

ADR, Appointment of Mediators, Bias, Decision making, Disclosure, Due Process, Ethics, Mediation Practice, Mentoring, Neutrality, Stories, Trust

(FORARB/Charles University)/ /4 Comments

In one of my recent cases, the question of impartiality appeared in quite an irregular way. It happened when I entered the mediation room where both parties were seated together with their lawyers. They were drinking coffee and making small talk. To my surprise, one of the lawyers looked quite familiar. Just for a moment,…

ADR, Communication, Developing the Field, Dispute Resolution, Intuition, Mediation Practice, Neuroscience, Perception, Training

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Quite often, we hear mediators and mediation trainers using the fable of “Blind Men and an Elephant”, which is a story about several blind persons describing an elephant differently out of their own experience by way of their respective touches of the different parts of the same elephant, to illustrate that a party’s own interpretation…

ADR, Artificial Intelligene, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Technology

, (CEDR - Centre for Effective Dispute Resolution)/ /2 Comments

Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Mediation Practice, Singapore, UNCITRAL

(Singapore Management University)/ /Leave a comment

On 25 July 2018, I was privileged to be part of a conference panel moderated by the inimitable Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy and my colleague at the Singapore Management University School of Law. The panel’s inspired title was “Feel the Earth Move – Shifts in the International Dispute…

Community Mediation, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Neutrality, Practical Challenges for Mediators, Scotland, The role of the mediator, Uncategorized, user perspectives

(University of Strathclyde)/ /1 Comment

(This post is being republished because of technical problems when it was first published.) One of the key debates among mediators centres on the word ‘evaluation’. I’ve written about this before – see Has the evaluative label outlived its usefulness? I’m sure many readers are familiar, even bored, with the claimed polarity between facilitative and…