Mediation Reforms (Legislation, etc.)

Brazil, Future of mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Promoting Mediation, Reform, Regulation, South America

( FGV Projetos)/ /2 Comments

When building the Brazilian capital, Brasilia, in the fifties, Juscelino Kubitschek’s expression “50 years in 5” became famous. He was referring to the country’s expected development. Maybe a sort of analogy – ten years in one – could be used to describe the recent developments in alternative dispute resolution in Brazil. If compared to other…

Europe, Ireland, Lawyers, lawyers in mediation, Legal Issues, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.)

(CMS)/ /Leave a comment

Last week the long-awaited Irish Mediation Bill was finally published. Its purpose is to introduce a coherent comprehensive regulatory framework for mediation in Ireland. For a number of reasons it is interesting also for international readers. The hitherto mediation regulations in Ireland were criticized not only by experts but also by the local judiciary. In…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Lithuania, Mediation Reforms (Legislation, etc.), Promoting Mediation

(Tark Grunte Sutkiene)/ /1 Comment

Mediation as a means to resolve disputes without the assistance of the court has become more and more popular in the post-Soviet bloc countries, for example Ukraine, Poland and Lithuania. The Law on Mediation in Lithuania was adopted by Parliament in 2008. Although enthusiasts of mediation welcomed the new law, mediation has not accelerated as…

Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Regulation, Ukraine

(Kyiv-Mohyla Academy, Ukraine ) and (Ukrainian Mediation Center)/ /Leave a comment

On the 3rd of November 2016 Verkhovna Rada – the Parliament of Ukraine – voted for the draft law “On mediation” on the first reading. This is indeed an important event for Ukrainian mediators as they have been working hard towards it during the last eight years. All previous attempts to pass the law through…

Developing the Field, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Regulation, Surveys

(Van Benthem & Keulen N.V.)/ /Leave a comment

Everywhere judicial policy makers are seeking new ways for the distribution of justice. In the Netherlands a project is underway to abolish all paperwork from the courts. Litigation will before long be conducted entirely digitally. In order to curtail government spending, experiments are being conducted to steer claimants away from the courts and become more…

Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, South America

(International Counsel, Arbitrator and Mediator)/ /Leave a comment

With the Rio 2016 Olympics still on some of our minds, mediation in Brazil may seem like a star shining far, far away. However this distance may be closer than we think as Brazil is a country where new approaches and modalities are starting to be used to deal with disputes because, among other things,…

Clients, Commercial Mediation, Developing the Field, Europe, Future of mediation, General, Mediation Practice, Mediation Reforms (Legislation, etc.), Scotland

(Core Solutions Group)/ /Leave a comment

This blog synthesises some remarks I have made recently to policy-makers in Scotland. As I reflect on things, there are a lot of issues in the civil justice system in my country which remain of interest and concern. Not least, the number of ordinary folk caught up in the court system, paying a lot of…

Commercial Mediation, Developing the Field, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Practice, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Regulation, UN and International Organizations, UNCITRAL

(Centre for Commercial Law Studies, Queen Mary University of London), (Singapore International Dispute Resolution Academy), and (Singapore Management University)/ /Leave a comment

“…the mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies. The failure to periodically step back and take stock of where we are and where we are going increases the likelihood of behavioural ‘drift’…

Commercial Mediation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

If you have been following this four-part series, you will be aware that Nadja Alexander, Anna Howard and I have been reflecting on a very current subject for the dispute resolution community: the enforceability of international commercial settlement agreements resulting from mediation. This week, the UNCITRAL Working Group II on arbitration and conciliation has been…

Commercial Mediation, Conciliation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, Policy, Reform, Settlement Agreements, UN and International Organizations, UNCITRAL

(Singapore Management University), (Singapore International Dispute Resolution Academy), and (Centre for Commercial Law Studies, Queen Mary University of London)/ /2 Comments

The 65th session of the UNCITRAL Working Group II on arbitration and conciliation in Vienna has commenced. Many mediators have been keenly monitoring the Working Group’s deliberations and discussions concerning the enforcement of international commercial settlement agreements resulting from conciliations (iMSAs). An unresolved but crucial question is the exact form that the final instrument should take….