Femi, a guru at brokering transactions recently got caught with the mediation bug and decided it was a path he would like to thread in his professional sojourn. Immediately he picked up some books and read up material on mediation after which he boasted to me that given his transactional experience and acumen, mediation would…
Professions (and hence professionals) are both blessed and cursed with high expectations. The upside is clear: the public expects high standards, expertise and care, and in return is prepared to pay handsomely. The downside typically involves disciplinary sanctions against those not measuring up to those standards, although issues of probity rather than competence tend to…
According to the latest development in the mediation legislation in Romania approved by the Romanian Parliament and published in the Romanian Official Journal in July 2012 under Law no. 115, in litigations that can form, pursuant to the law, the object of mediation or of another alternative form of conflicts settlement, parties and/or the concerned…
I find myself writing this blog from South Africa, at the annual conference of the International Association of Conflict Management – http://www.iacm-conflict.org/. It is a fantastic melting pot of ideas, bringing together a range of cultures and identities. Cultures, at first sight, seem to describe national and group identities: South African, American, French, Dutch, Tanzanian,…
Looking beyond the short term, the fun, and the parties, large international sports events are an opportunity for the host country to improve the life of its citizens on a permanent basis. Large sport events may serve as a catalyst for political support around the solution of issues that otherwise might be unaddressed and, therefore,…
Mediation is a reality that has come to stay in the dispute resolution sector. Its advantages have been mouthed by all and its relevance continues to expand in scope and depth. Mediation training courses have become best sellers in most jurisdictions as the lawyers and other professionals scramble for knowledge of the process. However, one…
My work as a commercial mediator in Ontario Canada generally involves the resolution of money disputes. The process, most days, starts with a brief joint session during which the lawyers, and sometimes the clients, advocate for their perspective on the dispute. We then break to a caucus format and I become the shuttle diplomat usually…
This week the 5th World Summit on Elder Mediation is taking place in Glasgow: see http://www.eldermediation.ca/styled-2/index.html. It is an inspiring gathering, bringing together mediators from Canada, Ireland, Spain, Switzerland, England and Scotland, all committed to helping older people deal with conflict in a way that is humane and just. The range of issues is daunting…
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…
Two stories in the Canadian media caught my eye this past month. New Rules for Bank Mediators – The Federal Minister of Finance has indicated that the Canadian federal government will not require banks to mediate their disputes with customers through mediation services offered by the Ombudsman for Banking Services and Investments (OBSI). OSBI is…
