Mediation Practice

Dispute Resolution, Future of mediation, Legislation, Mediation Practice, mediation process, mediation traditions, Middle East, Policy, Promoting Mediation, Reform, Regulation, The role of the mediator

(Georgetown University Law Center)/ /Leave a comment

Mediation existed in the Middle East hundreds of years ago. In fact, the notion of deferring to a neutral and objective third-party for a decision towards the resolution of a dispute is well steeped in Arabic/Islamic traditions. For example, one of the most famous stories of Prophet Muhammad’s early life is that of him being…

Conflict, Dispute Resolution, Future of mediation, insider and outsider mediators, Mediation Practice, Negotiation, peace negotiations

(Bill Marsh Mediator)/ /2 Comments

Over the Christmas break, I had the pleasure of reading Ken Newell’s memoirs, “Captured by a Vision”. Ken was (until his retirement some years ago) a Presbyterian Church minister in Northern Ireland who, out of deeply held conviction arising out of his Christian faith, played a central role in bringing together representatives of both sides…

Dispute Resolution, mediation as a career, Mediation Practice, mediation process, Understanding mediation

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

It was a comment made a few months ago and it has stayed with me: “But Anna, mediators are all tree-huggers.” There have been many variants of this type in response to my answer to the very English question: “So, what do you do?” These comments continue to irk me. Finally, as this year draws…

Decision making, Dispute Resolution, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Practical Challenges for Mediators, Scotland, Stories

(Core Solutions Group)/ /1 Comment

As the year comes to an end, I am expanding upon a story to which I referred in a previous blog, in the hope that it may provide a couple of useful reminders of what we do as mediators. I had eaten a chicken curry rather hastily at the hotel where I had been mediating…

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

(Core Solutions Group)/ /Leave a comment

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

Commercial Mediation, Cross-cultural, Developing the Field, Future of mediation, International commercial mediation, Mediation Practice, Promoting Mediation

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

Over recent years the number of (mainly law) student mediation moots around the world has increased at a remarkable rate. In addition to well-known venues in Paris, Vienna, and Goa, I have heard of events in Bangalore, Bhopal, Chicago, Hanover, São Paulo, Sydney … and Hamburg. There will be more. This is a bug that…

Appointment of Mediators, Clients, Commercial Mediation, Corporate Counsel's View, Evaluative Mediation, General, lawyers in mediation, Legal Issues, Mediation as a business, mediation as a career, Mediation Practice, mediation process, Mediation Users/Clients, Success in mediation, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

Like all businesses, mediation ultimately depends upon (and needs to reflect) what the users want from it. That doesn’t of course mean that theirs in the only relevant perspective – mediators also have views on what the process can and should offer. But at the very least it’s a vital part of the equation (I…

Commercial Mediation, Dispute Resolution, Legislation, Mediation Practice, Vietnam

(Vietnam National University, Faculty of Law, University of Economics and Law)/ /Leave a comment

1. Introduction Although private commercial mediation has been offered in Vietnam for around ten years,[1] Some arbitration centres in Vietnam introduced and offered private commercial mediation since 2007 the Vietnamese Government’s enactment of Decree 22/2017/NĐ-CP on 24 February 2017 on Commercial Mediation (hereinafter Decree 22) has been significantly meaningful. Firstly, the Decree 22 has steadily…

Cognitive Bias, Communication, Conflict, Decision making, Dialogue, Dispute Resolution, Mediation Practice, Negotiation, Neuroscience

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

The story of the blindfolded men who each approach an elephant from different angles (at the tusk it’s described as a spear, at the tail a rope, at the leg a tree etc.) is a good example of how multiple truths can exist depending on the perspective you take. Different views can often be the…