Public Policy

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…

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…

ADR, Dispute Resolution, Promoting Mediation, Public Policy, Reform, Research, Ukraine

(Kyiv-Mohyla Academy, Ukraine )/ /Leave a comment

During the last twenty years, mediation has spread around the world with an amazing speed, resulting in what was called a ‘global ADR revolution’. Furthermore, mediation has become a conventional part of the court reform projects supported by international donor organizations within democracy aid programmes in developing and transitional countries all over the world. However,…

Court Procedure and Litigation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Regulation

(Sabine Walsh Mediation)/ /2 Comments

Finally, after many twists and turns, lobbying, and a not insignificant amount of blogging on my part, Ireland’s new Mediation Act, 2017 was signed into law by the President on 2nd October 2017. For those unfamiliar with my rantings and ravings (other than the learned discussions of my colleagues) over the years, a little background:…

Community Mediation, Developing the Field, Dispute Resolution, Mediation and Society, Mediation Users/Clients, Negotiation, Neuroscience, Promoting Mediation, Public Policy, Reform, Scotland

(Core Solutions Group)/ /3 Comments

So much to blog about this month. We had a really great time in Edinburgh with Ken Cloke recently. Ken kindly agreed to be our first Patron for Collaborative Scotland.  We held an event in the Scottish Parliament for leaders of civic Scotland and a number of members of the Scottish Parliament, many of whom,…

Commercial Mediation, Dialogue, Economics, Environmental disputes, Environmental Mediation, Public Policy

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

Previous blog entries on this theme of water have focussed primarily on the process and stalled progress of the Land and Water Forum [LWF] in New Zealand. This was a process intended to bring together most if not all of the stakeholders on questions of water allocation and quality. As we’ve seen earlier, what looked…

Communication, Community Mediation, Decision making, Dialogue, Environmental Mediation, Governments/Public Sector, mediation process, Practical Challenges for Mediators, Public Policy

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

In two earlier blog posts, I commented on the work of and risks to the Land and Water Forum in New Zealand. That there is cause to write again on this topic begins to feel like shaping up to the blog equivalent of Douglas Adams’ Hitchhiker’s Guide to the Galaxy: a Trilogy in Four Parts…

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…

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, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…