Mediation Practice

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…

ADR, Argument, Below the line, Brexit, caucus, Clients, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, cross-border mediation, Decision making, Dialogue, Fear, Impasse, Instinct, Intuition, Joint Sessions, Mediation Practice, mediation process, Middle East, Negotiation, peace negotiations, Perception, Practical Challenges for Mediators, shuttle mediation, Stories, Success in mediation, The role of the mediator, Trust, Violence

(Bill Marsh Mediator)/ /2 Comments

Bloomberg (not my usual reading fodder, I confess) carried an interesting piece a couple of months ago, entitled “Meet the Real Force Behind the Brexit Talks”. Yes, it was about Brexit (yawn) but it was about an unseen side of the negotiations. Opening with the line “In every negotiation the most important work is done…

Developing the Field, Mediation Practice

(Weiler ADR Inc.)/ /1 Comment

It’s August and I’m cooking up some Stone Soup. What I’m actually doing is finalizing the syllabus, lesson plans, lecture notes, readings, guest speaker list and slide decks.  The materials are for my Mediation Theory and Practice seminar at the University of Ottawa Law School starting in September. (Thank goodness for the last minute, otherwise…

ADR, Conflict, Developing the Field, Dispute Resolution, Mediation Practice, mediation process, Understanding mediation

(University of New South Wales)/ /1 Comment

(This post is being republished because of technical problems when it was first published). Studying and teaching with Professor Frank E.A. Sander at Harvard in the late 80’s was life changing. The energy and vision he showed – going right back to his presentation at the 1976 Pound Conference – persuaded me that fundamental changes…

ADR, Conflict, Dispute Resolution, India, International Mediation, Kashmir, Mediation Practice, mediation process, Negotiation, peace negotiations, Promoting Mediation, Training, Transformation, War Stories, Young Mediators

(Peacekeeping and Conflict Resolution Team)/ /1 Comment

The Kashmir valley in India is a stressed region and though older generations have ‘lived’ through some tense winters, this generation is not ready to ‘survive’ through the silence and indifference. Deaths are on the rise and if this constantly raging battle between the militants and the Indian administration is not addressed appropriately and immediately,…

Bias, Cognitive Bias, Commercial Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Mediation and Society, Mediation Practice, mediation process, Mediators’ Conduct, Neuroscience, peace negotiations, Personal Development, Policy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Reflective Practice, Scotland, shuttle mediation, Skills, Social intelligence, Success in mediation, The role of the mediator, Tips, Transformation, Trust, Uncategorized, Understanding mediation

(Core Solutions Group)/ /Leave a comment

“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll make no progress that way. And you are using so much effort. Relax. When you get into difficulty, you are expending…

ADR, Decision making, Dispute Resolution, Mediation Practice, National Mediation Laws, The role of the mediator, Vietnam

(Vietnam International Arbitration Centre) and (University of Economics and Law, Vietnam National University)/ /Leave a comment

In recent years, Vietnam has boosted its legal framework for commercial mediation. The story began with the promulgation of the new Civil Procedure Code 2015 whose Chapter 33 serves as the legal basis for the recognition of out-of-court mediated settlement agreements. Then, the Government issued Decree no. 22/2017/ND-CP on Commercial Mediation (“Decree 22”) detailing and…

Commercial Mediation, Mediation Practice

(Weiler ADR Inc.)/ /Leave a comment

  The recently released decision in L-Jalco Holdings Inc. v. Lawrynowicz & Associates, 2018 ONSC 4002 (CanLII) will be of great interest to mediators, lawyers and clients alike. The case offers a rare glimpse inside the “sausage factory” that is commercial mediation and highlights mediator persistence and creativity in reaching a settlement of a complex…