Mediation Reforms (Legislation, etc.)

Conciliation, Developing the Field, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Law, International Mediation, Legal Issues, Legal Practice, Mediation Outcomes, Mediation Reforms (Legislation, etc.), National Mediation Laws, New York Convention, Regulation, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy), (Centre for Commercial Law Studies, Queen Mary University of London), and (Singapore Management University)/ /1 Comment

As the 65th session of the UNCITRAL Working Group II on arbitration and conciliation nears, it seems timely to reflect on the issues likely to be discussed and debated in Vienna this week. In this post, I focus on the legitimacy of a proposed multilateral convention on the recognition and enforceability of international mediated settlement…

ADR, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Scotland

(University of Strathclyde)/ /Leave a comment

A few months ago I painted a not-terribly-flattering picture of Scottish justice as experienced by small claimants – (Oiling the Wheels of the Justice System). Seen through the eyes of a mediator (and ex-lawyer) the language, practices and architecture seem calculated to confuse those most in need of assistance and clarity like unrepresented parties and…

Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of an ADR Clause, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Legal Issues, Legal Practice, Legislation, Mediation Agreement, Mediation Reforms (Legislation, etc.), regulatory robustness rating for mediation, Settlement Agreements

(Singapore International Dispute Resolution Academy) and (Sabine Walsh Mediation)/ /Leave a comment

Yes, here it is. The final part of the Regulatory Robustness Rating (RRR) trilogy. For those of you who are just picking up the RRR topic for the first time, you might like to check out Part 1 and Part 2 first. You will recall that the aim of the Rating System is to offer…

Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of an ADR Clause, International Mediation, Jurisdiction, Legal Issues, Legislation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Regulation

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

What makes good mediation law? For those of you who have been following the plot, you will recognise this as the second in a series of three posts introducing what is now called the RRR — Regulatory Robustness Rating for mediation jurisdictions. You may also notice the name change. Yes, what originated as the Mediation…

ADR, cross-border mediation, Dispute Resolution, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, Future of mediation, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, National Mediation Laws, New York Convention, Online Mediation, Public Policy, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Training, UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation, user perspectives

(International Mediation Institute)/ /Leave a comment

The next session of the UNCITRAL Working Group II that will continue to consider whether there should be a convention to enforce commercial cross-border mediation settlements will be in Vienna, Austria the week of September 19, 2016. On September 21, there will be a free evening program when 2 panels will answer questions relating to…

ADR, Commercial Mediation, Conciliation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Lawyers, Legal Practice, Litigation, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Singapore

(National University of Singapore, Faculty of Law)/ /Leave a comment

The year 2016 has so far been a significant one for Singapore in the area of ADR. The opening of the Singapore Legal Year saw the Chief Justice of Singapore, Mr. Sundaresh Menon introducing various ADR-related initiatives in family justice cases and medical malpractice matters. This has been explored in a previous blog entry here….

ADR, ADR Agreements, ADR Clauses, Communication, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Act, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Online Dispute Resolution (ODR), UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation

(Young Mediators’ Group)/ /Leave a comment
Young Mediators Initiative (YMI)

On 15 February 2016, the European platform for solving disputes arising out of online purchases (https://webgate.ec.europa.eu/odr)the ODR Platform, based on EU Regulation 524/2013 (the Regulation) was officially launched. The platform enables EU consumers and traders to settle their disputes by putting them in touch with the ADR providers selected by Member States. This platform is…

Accreditation, ADR, ADR Agreements, Appointment of Mediators, Commercial Mediation, Conciliation, Confidentiality, cross-border mediation, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, UN and International Organizations, UNCITRAL, UNCITRAL Model Law

(Bill Marsh Mediator)/ /8 Comments

Cogniscenti (and readers of Ema Vidak-Gojkovic’s blog The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) will know that talks are ongoing in an attempt to see if it is possible to find a common system for the direct enforceability of agreements concluded in mediation. This is a…

Court Procedure and Litigation, Developing the Field, Future of mediation, Ireland, Legal Issues, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws

(Sabine Walsh Mediation)/ /Leave a comment

Over the past months, indeed years, I have been blogging about Ireland’s proposed new regulatory regime for mediation contained in the draft Mediation Bill 2012. 2012 2016 It was stalled and delayed and, despite promises which started in the Programme for Government back in 2011, and were made as recently as last summer, has not…

Business, Dispute Resolution, Efficiency, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediation Reforms (Legislation, etc.)

(Mediar360 - Dispute Resolution )/ /1 Comment

One of the most interesting developments in business dispute resolution over the last decade is the way in which different methods of resolution are being harmonized. The EU Directive on Mediation is one example of this phenomenon, as well as several comprehensive early case assessment and conflict management programs rolled out by multinationals across their…