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ADR, Arbitration, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Enforcement of a Mediation Clause, Ethics, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Agreement, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /5 Comments

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…

ADR, Business, Clients, Commercial Mediation, Communication, Conventional wisdom, Decision making, Developing the Field, Dispute Resolution, General, Interests, Lawyers, Lawyers and Psychologists, Legal Practice, Negotiation, Neuroscience, Skills, Uncategorized

(Singapore International Dispute Resolution Academy)/ /1 Comment

Mediators often talk about the power of framing their own language and reframing the language of parties and others in mediation settings. For example, mediators may frame their comments in neutral, constructive and future-focused language. They may reframe party statements to detoxify offensive or destructive language or to create a shift from the negative to…

ADR, Business, Corporate Counsel's View, General, Lawyers, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

Since I was invited to contribute to Kluwer´s Mediation Blog I decided to follow the line of writing about all the possibilities of mediation in the corporate Brazilian market. This month would not be different. I invested a lot of time chasing data and information about the uses of mediation in the Intellectual Property sector….

Accreditation, Developing the Field, Efficiency, General, mediation as a career, Mediation Practice, Mentoring, Training, Uncategorized

(ADR Center Romania)/ /Leave a comment

The first mediation course is a special moment that each of us holds in our hearts and it represents the foundation of every mediator. The transformational process that we all go through during our training as mediators is materialized by the change in our attitude towards conflict and how to solve them. When we go…

Conventional wisdom, Developing the Field, Ethics, Impasse, mediation as a career, Mediation Institutions and Rules, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Mentoring, Practical Challenges for Mediators, Stories, Success in mediation, Training, Uncategorized

(University of Strathclyde)/ /6 Comments

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…

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(ADR Center Romania)/ /Leave a comment

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…

Apologies, Causes of Conflict, Clients, Conflict, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Memory and Illusions, peace negotiations, Practical Challenges for Mediators, Survivor, Transformation, Uncategorized, War Stories

(University of Strathclyde)/ /1 Comment

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,…

Business, Dispute Resolution, Efficiency, Sport, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

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,…