UN and International Organizations

Causes of Conflict, Conflict, Cross-cultural, Developing the Field, Dispute Resolution, Ethics, Europe, International Law, International Mediation, UN and International Organizations, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /Leave a comment

This is the first of a series of four blog postings written by Nadja Alexander , Michael Leathes , Tina Monberg and Irena Vanenkova. Achieving the promise of mediation in conflicts that threaten the stability of societies and economies is one of the most important challenges of our time. Inspiring progress has been made in…

Commercial Mediation, Confidentiality, Costs in Mediation, Court Procedure and Litigation, Deal Mediation, Decision making, Efficiency, Evaluative Mediation, Impasse, International Courts, International Mediation, Judges as mediators, Litigation, Practical Challenges for Mediators, Public Policy, Reform, Responsibility of States, UN and International Organizations

(Weiler ADR Inc.)/ /Leave a comment

Faithful readers will recall my posts here and here mentioning the failed mediation relating to the international effort to reach an agreement on the distribution of some $9 Billion in assets remaining from the Nortel insolvency. The Ontario Courts are now struggling with the fallout from that failed mediation. This week saw the release of…

Environmental Mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, UN and International Organizations

(CMS)/ /2 Comments

Mackerel has recently been taken off the ‘Fish to Eat’ list of the Marine Conservation Society (MCS). Due to overfishing, MCS has downgraded its rating of this popular oily fish. The society believes that international arguments about mackerel quotas mean it is no longer a sustainable choice. MCS advises that mackerel should now only be…

Book Review, Causes of Conflict, Civil rights, Conflict, Conventional wisdom, Cross-cultural, Dispute Resolution, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, peace negotiations, Practical Challenges for Mediators, UN and International Organizations

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

Prior to Christmas I found myself in Jerusalem, Israel – the heart of the heart of the conflict of our time. Here, no one agrees on anything – even the monks from various Christian denominations (Greek Orthodox, Armenians, Catholics and others) responsible for The Church of the Holy Sepulchre where Christ was crucified, argue amongst…

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…

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…

ADR, Book Review, Business, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Legal Practice, UN and International Organizations

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While the world becomes ever faster-paced, litigating business disputes are unchangeably slow. The recently published World Bank’s “Doing Business 2012: Doing Business in a More Transparent World” report shows that state court procedures in most countries remain lengthy, costly and complicated. Although this is not good news for anyone, as a side effect, the flaws…