Regulation

Apologies, Clients, Creativity, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, mediation models, Mediation Practice, Mediation Schemes (In Courts, etc.), National Mediation Laws, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

Mediation is often portrayed as a useful vehicle for disputes between equals, where parties can be expected to speak for themselves and neither has significant power over the other. Critics, and even supporters, become more sceptical when it comes to less symmetrical situations. Complaints against professionals are one such category. The professional is seen to…

Conciliation, International Law, International Mediation, Mediation Users/Clients, Regulation, UN and International Organizations

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(Foreign) investor – (host) State disputes are for many reasons an intriguing and fast developing part of legal and dispute resolution practice. Since the late 1990s, the number of such disputes has increased sharply: In 1997, 19 known cases were brought against states. By 2007, there were over 250 known cases, and more than 450…

Accreditation, Appointment of Mediators, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, Reform, Regulation, Training

(Sabine Walsh Mediation)/ /Leave a comment

Over the past few weeks I have been following a discussion on LinkedIn around mediator certification which has been going on non-stop for no less than four months. The question of whether the regulation of mediators is good, bad or indifferent seems to go straight to the heart of issues surrounding our identity as mediators…

Europe, European Law, Online Dispute Resolution (ODR), Regulation

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The Report on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) (COM(2011)0794 – C7-0453/2011– 2011/0374(COD)) has been published by the Internal Market and Consumer Protection Committee (IMCO) of the European Parliament. IMCO has been working on two legislative proposals…

ADR, Legislation, National Mediation Laws, Regulation, UNCITRAL Model Law

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On Friday 22 June 2012, the National Council of Bhutan unanimously enacted the Alternative Dispute Resolution Bill. As a result, the Kingdom of Bhutan joined the group of jurisdictions with a mediation/ADR-friendly regulatory framework. Bhutan is a small country, located on the southern slopes of the eastern Himalayas, populated by only approx. 700,000 people. Bhutanese…

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, Court Procedure and Litigation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Regulation, Responsibility of States

(CMS)/ /Leave a comment

Even if in most jurisdictions it is still rarely practiced, a few areas of law exist in which mediation may provide as many benefits as it does in bankruptcy. A drastic increase in the amount of bankruptcy filings during the recent financial crisis has forced bankruptcy judges and attorneys to seek and employ various methods…

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

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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…

Accreditation, Appointment of Mediators, Arbitration, Clients, Developing the Field, Due Process, Ethics, Europe, General, Governments/Public Sector, harmonisation of mediation law, Mediation Agreement, Mediation Institutions and Rules, Mediation Practice, Mediators’ Conduct, Regulation, Responsibility of States, Standards, Success in mediation, Training

(Pel Mediation)/ /Leave a comment

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…