Can we rely on judges to bring mediation into the mainstream?
In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…
In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…
Singapore adopts a forward-looking approach to mediation and has taken active measures to promote this form of alternative dispute resolution as a legitimate and effective option for disputing parties. On the international front, the Singapore Convention on Mediation has introduced a framework for the international recognition and enforcement of commercial settlements in writing which have…
One of the important things that struck me about Dr. Anna Howard’s brilliant research into Mediation is the discovery that the General Counsel she interviewed for her project feel disappointed that the promise of mediation has not been realized. I feel the same disappointment – although my disappointment has a somewhat different source. What seems…
It has taken a lot of time and effort for the Ukrainian mediation community to enact the law on mediation (the “Law”). On 16 November 2021, the Ukrainian Parliament finally passed it. This development opens up a new chapter and further prospects for the growth of mediation practice in Ukraine. Congratulations to all my Ukrainian…
As mentioned in my last blog , the UK Civil Justice Council, in its June 2021 Report on Compulsory ADR , endorsed the idea, contrary to the ruling in the notorious Halsey case, that unwilling parties in dispute may lawfully and appropriately be compelled to participate in a DR process such as mediation. (As an…
Good Faith is part of the Mediator’s mantra. Our opening addresses are full of it and it is something we regularly remind parties and their lawyers is an important element in rebuilding fractured relationships and achieving durable resolution. But sometimes it becomes obvious that Good Faith is missing in action. A very useful new article…
I wonder how many countries have public institutions that usually use mediation services to resolve disputes in which they are parties. I am not referring primarily to disputes between investors and states, but to any dispute where a public institution is a party that eventually reaches litigation with high financial costs, even and in situations…
Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…
Starting from January 1, 2021 the law requiring the attendance of the initial first mediation session comes into force in Azerbaijan. Below we describe the steps taken in the previous months and to be taken in the coming months in preparation for this very important milestone for mediation in Azerbaijan. Background Azerbaijan adopted the Law…
Looking back to my lunch on a balcony overlooking the Thames in 2006, I am struck by how far dispute resolution has developed since our host, Michael Leathes, asked: “how, if we could, might we improve the dispute resolution world”? In my opinion Michael’s contribution to that development has been as significant as that of…