Promoting Mediation

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International Law, Investor-state mediation, Promoting Mediation, Singapore Convention on Mediation

(Georgetown University Law Center)/ /Leave a comment

“Does the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”) apply to investor-state disputes?” This intriguing question was deliberated recently at George Washington University Law School by a star-studded panel comprising of the Hon’ble Judge Charles N. Brower (Twenty Essex Street Chambers, London), Ms. Frauke Nitschke (Legal Counsel, ICSID) and Mr….

Dispute Resolution, Future of mediation, Middle East, National Mediation Laws, Policy, Promoting Mediation, Regulation, Singapore Convention on Mediation, Standards

, (Al Tamimi & Company)/ /Leave a comment

The United Nations Convention on International Settlement Agreements Resulting from Mediation, known as the Singapore Convention on Mediation (the “Singapore Convention”), was opened for signature on 7 August 2019. The Singapore Convention, hailed as the “missing piece” in the international dispute resolution enforcement framework, establishes a framework for the cross-border recognition and enforcement of settlement…

Apology, Community Mediation, Conflict, Developing the Field, Dialogue, Fear, Mediation and Society, Promoting Mediation, Understanding mediation

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

Mediators should speak up confidently for mediation. In this post I will consider some reasons why this might be difficult, and others why it is so necessary. It is not only that mediation is not sufficiently known. It can also be intimidating, and it is our job to explain it. Shortly after I had finished…

ADR, Court Procedure and Litigation, Domestic Courts, Future of mediation, International Mediation, Legal Practice, Mandatory mediation, Mediation Schemes (In Courts, etc.), Opt-Out, Particular Sectors (e.g. Construction, Banking, etc.), Promoting Mediation, Reform, United States

(CMS)/ /Leave a comment

Is this yet another case in which New York is setting global trends? By the end of the year, the state courts in New York are due to have a system in place requiring that civil and commercial disputes be resolved through presumptive mediation. “Presumptive mediation” means an “automatic”, pre-trial, statewide program of court-sponsored ADR….

Commercial Mediation, Community Mediation, Developing the Field, Domestic Courts, Europe, Future of mediation, Mediation Act, Mediation and Society, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Neuroscience, Opt-Out, Promoting Mediation, Public Policy, Reform, Regulation, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /2 Comments

Being a mediator brings surprises along the way. For me, I was presented with what turned out to be the biggest challenge of my professional career last November when the Cabinet Secretary for Health in Scotland appointed me to conduct a review of allegations made by staff (through whistle-blowers) of bullying and harassment in Scotland’s…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Law, International Mediation, Promoting Mediation, Singapore Convention on Mediation, UNCITRAL

(Office of the Ombudsman for United Nations Funds and Programmes )/ /Leave a comment

The success of international arbitration, among others, is owed to the New York Convention, which provided tools for global enforcement of arbitral awards. To that end, international mediation has been underused often because of the lack of necessary international enforcement mechanisms of mediated settlement agreements. The Singapore Convention on Enforcement of Mediated Settlement Agreements (Singapore…

ADR, Community Mediation, Developing the Field, Dispute Resolution, Future of mediation, Promoting Mediation, Public Policy, Reform, Research, Technology

(University of New South Wales)/ /2 Comments
Australia, Research

National Mediation Conferences are important events. Apart from the great opportunities to network with fellow professionals there is the really important opportunity to see the intersection of research and practice at work. Last month’s Australia’s National Mediation Conference did not disappoint. For me the highlight was becoming acquainted with a bold Australian initiative sponsored by…

ADR, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Promoting Mediation, Research, Understanding mediation

(Corporate counsel & author)/ /5 Comments

My February 4, 2019 post What if Mediation Science Originated in the Real World? sparked much useful comment. Many people said they regretted the deficiency of negotiation and mediation field research, but were dismayed that I offered no proposals for fixing it. How, they asked, do you generate large-scale, real-life negotiation data? So, may I…

Community Mediation, Dispute Resolution, Future of mediation, India, Legislation, Mediation Act, National Mediation Laws, Promoting Mediation

(National Law University Jodhpur, India)/ /1 Comment

Mediation has found increased statutory recognition in India and the legislature has recently introduced it in the Companies Act 2013, the Insolvency and Bankruptcy Code 2016, as well as the Commercial Courts Act 2015, among others. Two separate updates from the Supreme Court of India this month have engaged the Indian community in the discussion…

Developing the Field, Dialogue, Mediation and Society, Personal Development, Promoting Mediation, Reflective Practice, Skills, Training, Workplace

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Last week I was reading an essay by the American novelist Jonathan Franzen, and was struck by the following thought: “The essay’s roots are in literature, and literature at its best […] invites you to ask whether you might be somewhat wrong, maybe even entirely wrong, and to imagine why someone else might hate you.”…