Mediation Practice

Causes of Conflict, Clients, Confidentiality and Transparency, Conflict, Developing the Field, Ethics, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Training

(Pel Mediation)/ /Leave a comment

In mediation, the art of the mediator is to lead the mediation participants to the best possible solution of their conflict, based on their underlying interests. It is the art of seduction to shift the focus from their points of view and desired outcomes to interests, and also from the escalation-driven wish to “win” and…

Accreditation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Practice, Success in mediation, Training

(Singapore International Dispute Resolution Academy)/ /3 Comments

In my capacity as a trainer and educator of mediators, I am frequently asked about entry into the mediation profession: “Once I pass my accreditation assessment, I want to become a full-time mediator…” The mediation training market continues to boom, confirming a continuing strong interest in mediation as a career path. However the supply of…

Appointment of Mediators, Family Mediation, General, Mediation Practice

(Aina Blankson LP)/ /Leave a comment

With all the surrounding pomp and pageantry particularly in the African culture, seating through a wedding ceremony by couple could be quite splendid. Optimisms are usually high as couple fantasize about a future of possibilities for each other and their children. In contrast, seating through a child custody legal battle can be quite horrific as…

General, Mediation Practice, Practical Challenges for Mediators

(First Mediation Corporation)/ /1 Comment

There is a short period of time in any difficult mediation where the tension escalates and tough negotiation decisions have to be made. Some people call this a ‘do or die’ moment. Its like the last vote in the Supreme Court in Gore v. Bush. Or its Tiger Woods chipping in from the fringe of…

ADR, Business, Commercial Mediation, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Mediation Outcomes, Mediation Practice

(University of Strathclyde)/ /1 Comment

It is not uncommon to hear lawyers speak warmly of mediation in general, but when asked if they would recommend it for a particular case respond that they could not see it working. Related to this, lawyers who have developed well-honed negotiation skills may struggle to see how a mediator could improve on their outcomes….

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Developing the Field, General, Lawyers, Mediation Practice, Mediators’ Conduct

(Bill Marsh Mediator)/ /2 Comments

These days, I don’t go to that many mediation conferences. I haven’t lost my interest or passion for mediation, I just find that the conferences are all full of mediators talking to mediators. And while some of my best friends are mediators, I don’t need a conference to talk to them. The harsh truth is…

Clients, Confidentiality, Confidentiality and Transparency, Disclosure, Family Mediation, General, Language, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Uncategorized

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

Mediation doesn’t require special premises. It can be conducted in any type of place. There are Native Title mediations for Indigenous Australians that can happen at least in part on the land in question, under a tree or on a hill side. Mediations in the workplace often happen in the place where the dispute originally…

ADR, Arbitration, Confidentiality, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, EU Mediation Directive, Europe, Governments/Public Sector, harmonisation of mediation law, International Mediation, Legal Issues, Legislation, Mediation Contract Clause, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Regulation, Responsibility of States, Surveys, Uncategorized

(Pel Mediation)/ /Leave a comment

Promotion and legislation on mediation in The Netherlands Machteld Pel, Pelmediation I would like to present an update about the promotion and legislation on mediation in the Netherlands and the possible influence of promotion and regulation on the use of mediation. Since the end of the nineties, the promotion of ADR has been an active…

Family Mediation, Mediation Practice, War Stories

(Diane Levin LLC)/ /1 Comment

In just a few days, I’ll be welcoming a group of approximately two dozen individuals to the first evening of a mediation training that I’m teaching during March. It’s a privilege to guide them as they begin to master the basics of mediation practice. There’s something about teaching and training that helps keep concepts and…