Mediation Reforms (Legislation, etc.)

Accreditation, ADR, ADR Agreements, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Dispute Resolution, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Reform, Regulation, Standards

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In June 2012 the Hong Kong Legislative Council passed the Mediation Ordinance (MO), the first piece of legislation on mediation in Hong Kong SAR. The MO was a much awaited and highly anticipated law and some mediation advocates have been disappointed in what they see as much ado about nothing. After all the MO appears…

Co-mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Europe, Family Mediation, International Law, International Mediation, mediation models, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Success in mediation

(Sabine Walsh Mediation)/ /Leave a comment

As much as we might like mediation’s fluid and often intangible nature, every now and then it can be of benefit to come across some research which enables us to take a step back and look at the impact our work is having on our clients, even long after the execution of the Memorandum of…

Conflict, Cross-cultural, Developing the Field, Europe, Family Mediation, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Reforms (Legislation, etc.), Mentoring, Transformation

(Sabine Walsh Mediation)/ /Leave a comment

The location was the Old Post House in Stafford, a traditional English, allegedly haunted, building with excellent conference facilities, good food and awful coffee. The occasion was World Conflict Resolution Day, this year on 18th October. About 45 mediators from around the world had gathered for a day of lectures on workshops on mediation. The…

Conflict, Court Procedure and Litigation, Dispute Resolution, Employment, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Practical Challenges for Mediators, Scotland

(University of Strathclyde)/ /3 Comments

This week in Glasgow, Strathclyde University hosted the first seminar in a series entitled ‘Reframing Resolution – Managing Individual Workplace Conflict’. The six seminars will take place across the UK over the next 12 months and the opener was ambitiously called ‘Understanding Individual Employment Disputes.’ The day contained elements that were encouraging and others that…

EU Directive on Mediation, EU Mediation Directive, Legal Issues, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws, Uncategorized

(CMS)/ /Leave a comment

The Czech Republic joined the EU Member States that have put the necessary rules in place to transpose the Directive 2008/52/EC on mediation in civil and commercial matters. The new Mediation Act (Act No. 202/2012 Coll., “the Act”) became effective on 1 September 2012. Whereas the Directive’s implementation was significantly delayed (Article 12(1) required Member…

Accreditation, Appointment of Mediators, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, Reform, Regulation, Training

(Sabine Walsh Mediation)/ /Leave a comment

Over the past few weeks I have been following a discussion on LinkedIn around mediator certification which has been going on non-stop for no less than four months. The question of whether the regulation of mediators is good, bad or indifferent seems to go straight to the heart of issues surrounding our identity as mediators…

Community Mediation, Court Procedure and Litigation, Developing the Field, Ireland, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Sabine Walsh Mediation)/ /1 Comment

I recently spent a very pleasant evening chatting to a German colleague over beer and toasted marshmallows. To my surprise, she prefaced much she had to say with the comment, “but sure mediation is much more established and better developed in Ireland than here (Germany)”. I was a bit puzzled by this perception, because as…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…

Developing the Field, Dispute Resolution, Ireland, Legislation, Mediation Reforms (Legislation, etc.)

(Sabine Walsh Mediation)/ /Leave a comment

Looking back over my previous blog posts it strikes me that I’ve been throwing the term integration around a fair bit in the context of dispute resolution and mediation, in particular. The term “alternative dispute resolution” has always sat somewhat uneasily with me. While it is of course a correct description, as the procedures it…

Appointment of Mediators, Australia, Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, Evaluative Mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, Public Policy, Reform, Regulation, Responsibility of States, Standards, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

As you would expect, judges are appointed for their ability to adjudicate, often untested at the time of elevation to the Bench. Once appointed, many jurisdictions around the world then ask their judges to suspend their adjudication skills in favour of mediating controversies coming before the court, often in an effort to reduce backlogs. And it seems…