ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, lawyers in mediation, Leadership, Mediation and Society, Mediation Practice, Practical Challenges for Mediators, Promoting Mediation, Transformation
Promoting Mediation
Commercial Mediation, Investor-state mediation, Mediation Training, Middle East, New York Convention, Promoting Mediation, United Nations Convention on International Settlement Agreements Resulting from Mediation
The United Nations Development Programme Promotes Commercial Mediation in Iraq
The United Nations Development Programme (UNDP), supported by the European Union, established a “Support to Justice Initiatives Curbing Corruption and Promoting Commercial Dispute Resolution Programme” in Iraq in 2021. As part of that programme, the UNDP organised two intensive courses in commercial mediation for university law faculties in January and February 2024, taking place in…
ADR, Australia, Civil rights, Commercial Mediation, Conflict, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Due Process, Experience, Future of mediation, History of mediation, Legal Issues, Legal Practice, Legislation, Litigation, Mandatory mediation, Mediation Lawyering, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation, Promoting Mediation, Regulation, Understanding mediation
Saying goodbye to Halsey – at last!
Mediation has long been used as a method of resolving disputes. Indeed, the practice of combining mediation and arbitration by the same neutral has been traced back to ancient Greece and Ptolemaic Egypt[1]. In his paper “Varieties of Dispute Processing”, presented to the 1976 Pound Conference, Harvard Professor Frank E.A. Sander proposed that, instead of…
Arbitration, Med-Arb Clauses, Mediation Agreement, Mediation Contract Clause, Promoting Mediation, Settlement Agreements, Skills
Mediation and Facilitating Settlement in International Arbitration
The ICC Commission on Arbitration and ADR has published an interesting report on “Facilitating Settlement in International Arbitration” (“Report”), which provides guidance on the effective use of mediation within arbitration proceedings, as well as on other manners of facilitating settlement by arbitrators. The ICC has been promoting mediation – within the framework of its mainstream…
Schools: The Playground for Learning Mediation
This article was prepared by Mahmoud Arif and Constantin-Adi Gavrilă. Picture any school in any community in the world, and you are sure to imagine a group of children learning and playing. Whenever there is interaction, there will always be room for conflict. How do children manage conflict? This question is difficult to answer, as…
Discrimination, Dispute Resolution, mediation as a career, Mediation wisdom, Mediator's Image, Promoting Mediation, Values and attributes of a mediator
Should Cab Rank Rule apply to mediators?
What is Cab Rank Rule? The Four Bars (namely, England and Wales, Ireland, Northern Ireland and Scotland) have recently issued a joint statement on the cab rank rule. According to the statement, the cab rank rule mandates barristers not to discriminate between clients, and that they must take on any case provided that it is…
Communication, Decision making, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Opt-Out, Promoting Mediation, Public Policy, Scotland
A nudge to mediate: new report from England & Wales
The idea of using insights from behavioural science to achieve desirable policy goals burst into popular consciousness with the publication of Nudge: Improving Decisions About Health, Wealth, and Happiness (R Thaler and C Sunstein, Yale University Press, 2008.) It describes the appealing notion that people can be encouraged to make good choices by the way…
Rule of Law and Mediation
Secondary school students also have an important role to play in upholding the rule of law. The idea of organising a mediation essay competition for secondary school students was mooted in 2019. Despite the covid pandemic, the Mediation Essay Competition 2020 was successfully organised by the Department of Justice, the Education Bureau, Rotary International…
Creativity, Future of mediation, Mediation and Society, Mediation as a business, mediation as a career, Mediation Practice, Mediation wisdom, Practical Challenges for Mediators, Promoting Mediation
“If you build it, they will come” – why mediators should be skeptical
In the famous story of Noah’s Ark, Noah questions God about how he will find the animals he has been instructed to put in the ark. God replies, ‘If you build it, they will come’. The consistent repetition of this quotation throughout history (think of Kevin Costner’s movie Field of Dreams ) has created something…
Family Mediation, Hong Kong, Mediation, mediation as a career, Mediation Practice, Mediation wisdom, Mediator's Image, Values and attributes of a mediator
Third Letter to A Young Mediation Enthusiast
Dear Young Mediation Enthusiast, Thank you for writing to me again. Time really flies as my last letter to you was written ten months ago on 2 December 2021. It is most encouraging to hear that you have been doing mediation cases of different nature and you find the work as a family mediator most…