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Bias, Causes of Conflict, Clients, Communication, Conflict, Ireland, Mediation Practice, Mediation Users/Clients, Social intelligence, Uncategorized

(University of Strathclyde)/ /2 Comments

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…

Appointment of Mediators, Australia, Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, Evaluative Mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, Public Policy, Reform, Regulation, Responsibility of States, Standards, Uncategorized

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

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…

Business, Commercial Mediation, Court Procedure and Litigation, Domestic Courts, Ethics, Growth of the Field (Challenges, New Sectors, etc.), Judges as mediators, Mediation Reforms (Legislation, etc.), Uncategorized

(Weiler ADR Inc.)/ /1 Comment

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…

Bias, Causes of Conflict, Communication, Conflict, Cross-cultural, General, Language, Practical Challenges for Mediators, Skills, Uncategorized

(National University of Singapore, Faculty of Law)/ /Leave a comment

I have in previous posts referred to the distinction between direct and indirect forms of communication. Mediators will certainly have encountered these forms of communication before. Without seeking to offer a comprehensive or technical definition of what direct and indirect communication is, I would like to share some thoughts on this topic. First, it is…

ADR, Bias, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Efficiency, Europe, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Issues, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Reform, Uncategorized

(University of Strathclyde)/ /Leave a comment

Scotland is a practical nation. The list of its inventions includes penicillin, anaesthetics, steam engines, tarmac roads and even the decimal point (see http://www.magicdragon.com/Wallace/thingscot.html#Ta). Like the rest of the UK its culture was in part forged by the ‘practical man’ of the Industrial Revolution, rejecting grand theory in favour of trial and error. Its lawyers,…

Commercial Mediation, Confidentiality, Developing the Field, Due Process, Efficiency, General, Humorous Pieces, Impasse, mediation as a career, Mediation Lawyering, Mediation Practice, Uncategorized, War Stories

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

Well, 143,000 if you believe Mr. Google –  but only one could have posted this must view for all mediators and mediation advocates. See this world class mediator in action at;  http://billwoodmediation.com/video (and be sure to watch videos 2 & 3) P.S Bill if you need help here is one of the world’s only pet mediators,…

Business, Commercial Mediation, Community Mediation, Court Procedure and Litigation, Dispute Resolution, Europe, Legal Practice, Mediation Practice, Mediation Users/Clients, Success in mediation, Surveys, Uncategorized

(Pel Mediation)/ /Leave a comment

Since April 2005 there have been two structural provisions for referral to mediation: via the Legal Desk and via the Judiciary. Besides, conflicting parties can start mediation on their own initiative or after referral by other bodies. Other referring bodies comprise, for instance, occupational health and safety services, social services, youth services, the police, social…

ADR Clauses, Appointment of Mediators, Arbitration, Business, Commercial Mediation, Dispute Resolution Clause, Legal Practice, Med-Arb Clauses, Mediation Contract Clause, Pre-arbitration Dispute Settlement Procedures, Settlement Agreements, Uncategorized

(National Alternative Dispute Resolution Advisory Council)/ /1 Comment

The quiet child of the legal brood is the transactional lawyer. They are a group that offer hidden wells of future development for mediation. This group of lawyers has extensive and close ongoing relationships with the individuals clients–the people who work in corporate, government and commercial clients. Transactional lawyers are the ones who document their…

Book Review, Commercial Mediation, Community Mediation, Developing the Field, Efficiency, Language, Lawyers and Psychologists, Mediation Practice, Mediators’ Conduct, Success in mediation, Technology, Training, Uncategorized

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

I recall in the early days of mediation practice it seemed like one of the hardest interventions to make – to be standing in front of a room full of people and have to create a coherent whiteboard out of their discussion. The humble whiteboard has been used for every conceivable task in the mediation room –…

Appointment of Mediators, Commercial Mediation, Developing the Field, Mediation Practice, Mediation Users/Clients, Uncategorized

(Weiler ADR Inc.)/ /Leave a comment

Some disputes are more suitable for mediation than others. Counsel and their clients contemplating whether or not to mediate a particular dispute can sometimes benefit from a more structured approach to analyzing that question. It was with this in mind that many years ago my then partner and I designed the Mediation Suitability Checklist. The…