Policy

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

(UCL Faculty of Laws), (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 (UCL Faculty of Laws)/ /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 (UCL Faculty of Laws)/ /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….

Developing the Field, Future of mediation, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Policy, Public Policy, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

In recent weeks, I have had the privilege of mediating and facilitating in different matters with representatives of four governments . On one occasion they were on the same “side”; on another, notionally on different sides. A common theme to emerge was the needs and behaviours of political masters who were not present. The representatives…

ADR, Book Review, Business, Causes of Conflict, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Developing the Field, Future of mediation, General, Improvisation, Language, Mediation Practice, Mediation Users/Clients, Neuroscience, Policy, Scotland, Skills, Stories, Success in mediation, Tips, Training, Uncategorized

(Core Solutions Group)/ /1 Comment

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

ADR, ADR Clauses, Clients, Commercial Mediation, Confidentiality and Transparency, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Lawyers, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Act, Mediation Agreement, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Policy, Practical Challenges for Mediators, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Trade, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted? Say your client is a multinational corporation doing business with numerous organizations around the globe. Your…

Clients, Efficiency, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Policy, Reform, Uncategorized

(ADR Center Romania)/ /2 Comments

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number…

Commercial Mediation, Deal Mediation, Dispute Resolution, Employment, Ethics, Europe, Family Mediation, Future of mediation, General, Governments/Public Sector, Greece, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Interests, Ireland, Joint Sessions, Language, Lawyers, Legal Issues, mediation as a career, Mediation Lawyering, mediation models, Mediation Outcomes, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Memory and Illusions, Neuroscience, Nigeria, Particular Sectors (e.g. Construction, Banking, etc.), peace negotiations, Planning, Policy, Practical Challenges for Mediators, Public Policy, Reform, Scotland, Settlement Agreements, Skills, Sport, Stages of mediation, Standards, Success in mediation, Switzerland, Tactics, Transformation, Trust, UN and International Organizations, Uncategorized, Understanding mediation, Workplace

(Core Solutions Group)/ /1 Comment

I was all set to write about climate change and, more particularly, to reflect on some excellent writing on that subject which addresses so-called climate change sceptics or deniers. It seems to me that there is much to be learned about the motivations and psychology which affect such people and which can easily be read…

Causes of Conflict, Communication, Conflict, conlfict coaching, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, Europe, Future of mediation, General, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Improvisation, Interests, Mediation Practice, Memory and Illusions, Negotiation, Neuroscience, peace negotiations, Policy, Public Policy, Reform, Scotland, Skills, Uncategorized

(Core Solutions Group)/ /1 Comment

“The key to doing well lies not in overcoming others, but in eliciting their co-operation.” Robert Axelrod “Although negotiation takes place every day, it is not easy to do well. Standard strategies for negotiation often leave people dissatisfied, worn out or alienated…..” Roger Fisher and William Ury For probably the final time, I am writing…

Book Review, Causes of Conflict, Clients, Commercial Mediation, Communication, Community Mediation, Conflict, Creativity, Decision making, Developing the Field, Dispute Resolution, Efficiency, Ethics, General, Language, Lawyers, Mediation Practice, Mediators’ Conduct, Negotiation, Policy, Practical Challenges for Mediators, Scotland, Skills, Success in mediation, Tips, Uncategorized

(Core Solutions Group)/ /Leave a comment

I am interested in convergence – of ideas, of behaviour, of trends, of different disciplines. The more I read, the more common themes I discern in the arts, science, spirituality, leadership and in what we do as mediators. A reflection of this is found in the African concept of ubuntu, “the profound sense that we…