Promoting Mediation

Commercial Mediation, Dispute Resolution, India, Legislation, Mandatory mediation, Opt-Out, Promoting Mediation

(Shardul Amarchand Mangaldas & Co.)/ /Leave a comment

The Indian parliament passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 (“Bill”) on 10 August, 2018. In a potentially significant development, section 12A of the Bill stipulates mandatory pre-institution mediation i.e. the plaintiff is mandatorily required to exhaust the remedy of mediation prior to filing a suit…

Cross-cultural, Dispute Resolution, Negotiation, Personal Development, Promoting Mediation, Skills, Training

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

In the centre of Berlin opposite the State Opera House, there is a large building in Baroque style that was originally built as the Prussian Royal Library in the late eighteenth century, and came to be called the Old Library once the new Prussian State Library was established in the early twentieth century. The words…

ADR, Conflict, Dispute Resolution, India, International Mediation, Kashmir, Mediation Practice, mediation process, Negotiation, peace negotiations, Promoting Mediation, Training, Transformation, War Stories, Young Mediators

(Peacekeeping and Conflict Resolution Team)/ /1 Comment

The Kashmir valley in India is a stressed region and though older generations have ‘lived’ through some tense winters, this generation is not ready to ‘survive’ through the silence and indifference. Deaths are on the rise and if this constantly raging battle between the militants and the Indian administration is not addressed appropriately and immediately,…

Bias, Cognitive Bias, Commercial Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Mediation and Society, Mediation Practice, mediation process, Mediators’ Conduct, Neuroscience, peace negotiations, Personal Development, Policy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Reflective Practice, Scotland, shuttle mediation, Skills, Social intelligence, Success in mediation, The role of the mediator, Tips, Transformation, Trust, Uncategorized, Understanding mediation

(Core Solutions Group)/ /Leave a comment

“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll make no progress that way. And you are using so much effort. Relax. When you get into difficulty, you are expending…

Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, peace negotiations, Promoting Mediation, Reflective practise

(Edwards Mediation Academy)/ /Leave a comment

The hills above Edinburgh, Scotland, were bursting with the splendor of bright yellow flowers when mediators from across the globe assembled for the spring conference of the International Academy of Mediators. I had been asked by the conference organizers to lead a discussion, with the goal of inspiring some of the world’s most successful commercial…

Commercial Mediation, Conflict, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Promoting Mediation

(MCiArb, Mediator and Co-founder of YMI)/ /4 Comments
Young Mediators Initiative (YMI)

I am as much a mediator as I am a member of the global exhibition industry. Knowing both professions intimately, I strongly believe that mediation should be a fundamental tool used to address and solve conflicts within the exhibition industry. In the exhibition industry, healthy co-operation is key to future success and business relationships are…

ADR, Developing the Field, Dispute Resolution, Future of mediation, mediation as a career, Partnering, Promoting Mediation, Reflective practise, Scotland

(Centre for Commercial Law Studies, Queen Mary University of London)/ /1 Comment

“The meaning of life is to find your gift. The purpose of life is to give it away.” Pablo Picasso. Last month I travelled to Edinburgh for the International Academy of Mediators conference, chaired and hosted by John Sturrock. The theme of the conference was “Looking outward – mediation: a new enlightenment?” Not only was…

Future of mediation, Mediation Users/Clients, Promoting Mediation, Training, Young Mediators

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

Mediation and ADR classes are becoming more established at universities around the world. Sometimes these are compulsory, sometimes elective, and they are mainly taking place at law schools. They also sometimes have some connection to the mediation competitions that are held (see Rosemary Howell’s latest blog). They are usually very popular among students. As I…

ADR, Dispute Resolution, Domestic Courts, Mandatory mediation, National Mediation Laws, Promoting Mediation, Research, Surveys

(Strategic Resolution)/ /2 Comments

In Australia we have long experience of compulsory mediation prior to litigation in cases where a presumed power imbalance exists – such as retail tenancy and farm debt disputes. However, compulsory mediation by order of a court has been a controversial topic, particularly amongst judges, most of whom do not have actual mediation experience and…

Appointment of Mediators, Caucus, Commercial Mediation, Deal Mediation, Economics, Ethics, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Improvisation, Joint Sessions, lawyers in mediation, Legal Practice, Mediation Practice, Philosophy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Quality, Reflective practise

(Weiler ADR Inc.)/ /9 Comments

Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario is unsupported by any reliable data – because no one keeps track. No one records. It’s all anecdotal. Still, I’m now closing in on 30 years…