Uncategorized

ADR, Business, Commercial Mediation, Dispute Resolution, Enforcement, mediated settlement agreement, Uncategorized

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

In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and…

Causes of Conflict, Economics, Future of mediation, Mediation and Society, Public Policy, Skills, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

A good friend of mine was recently surprised to see a robot cutting the grass around a well-known landmark in Edinburgh. Coincidentally this was around the same time as I came across a speech given by Adair Turner in April this year entitled “Capitalism in the age of robots: work, income and wealth in the…

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…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement, Settlement Agreements, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /3 Comments

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution…

Appointment of Mediators, Co-mediation, Commercial Mediation, cross-border mediation, Future of mediation, International commercial mediation, International Mediation, Uncategorized

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

Having looked at The Rise of Co Mediation in Mega Mediations last month and the challenges such cases pose for mediators, let’s get a little closer to the inner workings of these mediations, especially at the intake stage. So many moving parts – the people, the paper, the posturing –  like a long haul plane sitting…

Dispute Resolution, International Mediation, Mediation Practice, Negotiation, Personal Development, Scotland, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

The International Association of Mediators conference in Edinburgh last month provided a great opportunity to reflect on the lessons learned from the application of a principled negotiation approach, as set out in ‘Getting to Yes’. The conference benefited from the experience of over a hundred leading mediators from around twenty countries, along with policy makers…

Costs in Mediation, Mediation Lawyering, Mediation Schemes (In Courts, etc.), Regulation, Uncategorized

(Weiler ADR Inc.)/ /Leave a comment

The recent cost decision of Justice Graeme Mew in Canfield v. Brockville Ontario Speedway, 2018 ONSC 3288 (CanLII) provides an instructive review of the principles the Court will consider when weighing the cost consequences to an unsuccessful party of unreasonably refusing to participate in a mediation. The case involved whether an automobile race track was…

International Mediation, Mediation and Society, mediation as a career, Mediation Outcomes, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Scotland, Uncategorized

(Core Solutions Group)/ /2 Comments

I write this in the aftermath of the really uplifting and wonderfully diverse conference which I had the privilege to host and chair recently in my home city, under the auspices of the International Academy of Mediators. Nearly 120 mediators from over 20 countries attended and shared deep discussions about how we as mediators can…

ADR, Arbitration, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, Future of mediation, harmonisation of mediation law, International Mediation, mediated settlement agreement, New York Convention, Promoting Mediation, UN and International Organizations, Uncategorized, UNCITRAL, UNCITRAL Model Law

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

During its 68th session from 5 – 9 February in New York UNCITRAL Working Group II (Dispute Settlement) concluded its work on the preparation of an instrument or instruments on the enforcement of international commercial settlement agreements arising from mediation. In the mediation community we often refer to such settlements as (international) mediated settlement agreements…

ADR, memory, Memory and Illusions, Perception, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

During a trip to Vienna some time ago, I attended the “ICC Commission on Arbitration and ADR Meeting” where I had the opportunity to hear Toby Landau QC, a brilliant barrister and arbitrator from London, speaking about “Unreliable Recollections, False Memories and Witness Testimony”. He explained that memories are changeable and that experiences from past…