Public Policy

Clients, Creativity, Developing the Field, Family Mediation, Future of mediation, Ireland, Lawyers and Psychologists, mediation models, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Public Policy, Reform, Teamwork

(Sabine Walsh Mediation)/ /1 Comment

Armed with coloured paper, crayons and scissors, myself and nine other mediators spent a good portion of last Friday designing our “ideal” family conflict resolution service. While the background to this was, in part, recent and pending legislative change in the UK, some of which looks likely to impact negatively on families in conflict, these…

Commercial Mediation, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), Impasse, International Mediation, mediation as a career, mediation models, Public Policy, Uncategorized, War Stories

(Weiler ADR Inc.)/ /Leave a comment

Mediator is New Premier in Ontario Following my rant last month about the need for more mediators in public policy-making, the Liberal Party of Ontario has chosen a former mediator, Kathleen Wynne, as their new leader and, consequently, as the first woman Premier of Ontario. I had no idea this Blog had so much influence….

Commercial Mediation, Conventional wisdom, Creativity, Developing the Field, Efficiency, Future of mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Negotiation, Public Policy, Settlement Agreements, Success in mediation, Understanding mediation

(Weiler ADR Inc.)/ /Leave a comment

A potpourri of mediation-related reflections as the holiday break fades from memory. Hockey Mediation – With last Saturday’s puck drops in 13 cities the National Hockey League has commenced its lockout-shortened season. Full arenas around the league confirm the strength of the game’s drawing power if not the forgive-and-forget sentiments of long-suffering fans. Readers of this…

Commercial Mediation, Developing the Field, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Impasse, Legal Issues, Mediation Schemes (In Courts, etc.), Policy, Public Policy, Sport

(Weiler ADR Inc.)/ /1 Comment

Two stories currently making headlines in Canada provide the occasion to harken back to previous posts on this blog. Mediation Backlog – Ontario No-Fault Auto Insurance Disputes  In March of this year I blogged about the consequences of under-resourcing mandatory mediation programs. The Financial Services Commission of Ontario (FSCO) had (and still has) a huge…

ADR, Arbitration, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Enforcement of a Mediation Clause, Ethics, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Agreement, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /5 Comments

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…

ADR, ADR Agreements, ADR Clauses, Appointment of Mediators, Commercial Mediation, Corporate Counsel's View, Court Procedure and Litigation, Cross-cultural, Developing the Field, Domestic Courts, Due Process, Efficiency, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Hong Kong, International Courts, International Law, International Legal Theory and Teaching, International Mediation, Mediation Act, Mediation Agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Practical Challenges for Mediators, Public Policy, Set Aside a Mediated Agreement, UN and International Organizations, UNCITRAL Model Law

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…

Book Review, Developing the Field, Family Mediation, Governments/Public Sector, Ireland, Mediation Practice, Mediation Schemes (In Courts, etc.), Public Policy, Regulation, Training

(Sabine Walsh Mediation)/ /Leave a comment

This month I want to share with you a little gem of a mediation book, published late last year by the Irish state-funded Family Mediation Service (FMS). I wanted to review this book for two reasons – first of all, because it is an excellent publication which, though written in the context of the 25th…

Appointment of Mediators, Australia, Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, Evaluative Mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, Public Policy, Reform, Regulation, Responsibility of States, Standards, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /Leave a comment

As you would expect, judges are appointed for their ability to adjudicate, often untested at the time of elevation to the Bench. Once appointed, many jurisdictions around the world then ask their judges to suspend their adjudication skills in favour of mediating controversies coming before the court, often in an effort to reduce backlogs. And it seems…

ADR, Bias, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Efficiency, Europe, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Issues, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Reform, Uncategorized

(University of Strathclyde)/ /Leave a comment

Scotland is a practical nation. The list of its inventions includes penicillin, anaesthetics, steam engines, tarmac roads and even the decimal point (see http://www.magicdragon.com/Wallace/thingscot.html#Ta). Like the rest of the UK its culture was in part forged by the ‘practical man’ of the Industrial Revolution, rejecting grand theory in favour of trial and error. Its lawyers,…

ADR, Arbitration, Confidentiality, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Enforcement, Enforcement of a Mediation Clause, EU Directive on Mediation, EU Mediation Directive, Europe, Governments/Public Sector, harmonisation of mediation law, International Mediation, Legal Issues, Legislation, Mediation Contract Clause, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Regulation, Responsibility of States, Surveys, Uncategorized

(Pel Mediation)/ /Leave a comment

Promotion and legislation on mediation in The Netherlands Machteld Pel, Pelmediation I would like to present an update about the promotion and legislation on mediation in the Netherlands and the possible influence of promotion and regulation on the use of mediation. Since the end of the nineties, the promotion of ADR has been an active…