'Money-only' Cases, Commercial Mediation, Creativity, Decision making, Dispute Resolution, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Neutrality, Practical Challenges for Mediators, Role of Mediator, Success in mediation
Success in mediation
ADR, Availability of Mediators, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, Singapore, Singapore Convention on Mediation, Standards, Success in mediation
The Cross-Border Mediation Landscape: 2022 SIDRA Survey Final Report
The Singapore International Dispute Resolution Academy (SIDRA) launched its International Dispute Resolution Survey: 2022 Final Report on 31 August 2022. The SIDRA Survey is commissioned by the Singapore Ministry of Law and is into its second iteration, with the first SIDRA Survey Report published in 2020. The 2022 Final Report continues SIDRA’s global study…
Scapegoating and other fallacious fun
Mediators are well acquainted with parties blaming one another for problems. Scapegoating in particular can get in the way of coming to terms, instead leading to an escalation of bad feelings and an increasingly toxic relationship. However, what is less well-known is that ‘scapegoating’ can mean and imply different things, each of which calls for…
Developing the Field, Mediation Reforms (Legislation, etc.), Public Policy, Reform, Success in mediation
Effective mediation promotion – use of mediation by public institutions
I wonder how many countries have public institutions that usually use mediation services to resolve disputes in which they are parties. I am not referring primarily to disputes between investors and states, but to any dispute where a public institution is a party that eventually reaches litigation with high financial costs, even and in situations…
ICC Mediation Competition, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Success in mediation, The role of the mediator
How to make good use of the mediator in a student mediation competition?
I was delighted to be approached to collaborate on this post by Dima Alexandrova, mediator and attorney-at-Law, founder of AdimaLaw practice in Sofia Bulgaria. She has experience in the ICC Paris and other competitions both as a participant, judge and coach. She has some interesting ideas to assist students in such competitions to make best…
Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Reflective Practice, Success in mediation, The role of the mediator
Functions of Mediation
Sometimes I wonder what the facilitation and mediation work I do is all about. By which I mean what purpose does it perform for clients. What is it that they are asking for from me, and what is it that they actually get? Do they always really want what they are ostensibly asking for? Do…
Litigation, Mediation and Society, Mediation Outcomes, mediation traditions, Promoting Mediation, Reflective Practice, Scotland, Success in mediation, The role of the mediator, Uncategorized
Mediation and Juicing – Parallel Worlds?
One of the positive aspects of the enforced changes brought about by lockdown is that it enables – or compels – us to try new things. So far, I’ve learned how to create and have issued 13 podcasts, the idea being to spread ideas as widely as possible at this crucial time. After much procrastination,…
The Alchemy of Mediation: Part 1 Actions to Outcomes
Setting On the virtual veranda; sipping Introduction Adi: Hello Margaret. How are you in these interesting times?. Marg: I am well, thank you Adi. How are you? Adi: I’m finding I have a slower pace and what I think is higher productivity. Marg: I have been reflecting on our discussion about mediation and interests, as…
ADR, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Efficiency, Experience, Flexibility, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation, Patience, Preparation, Promoting Mediation, Reflective Practice, Reflective practise, shuttle mediation, Success in mediation, Time Pressure, Transformation, user perspectives
Mediation and the Laws of Time
For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…
ADR, Commercial Mediation, Communication, Creativity, Dispute Resolution, Experience, Interests, lawyers in mediation, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Stages of mediation, Success in mediation, The role of the mediator
Brainstorming
Photo credit: Creative Commons Jean M.Mas 2/2007 Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages: Stage 1: “Who Did What to Whom”? Here parties (or their lawyers) follow the ritual of naming, blaming and claiming – recounting facts, providing evidence…