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ADR, Cross-cultural, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Particular Sectors (e.g. Construction, Banking, etc.), Practical Challenges for Mediators, Standards, Uncategorized

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

The ICC International Commercial Mediation Competition is the only moot I know of devoted to international commercial mediation and it will take place in Paris in early February. It’s an annual event organized by the International Chamber of Commerce and has become the best excuse to travel to Paris, drink coffee and eat pastries on the…

Commercial Mediation, Mediation Practice, Mediators’ Conduct, Practical Challenges for Mediators, Uncategorized

(Weiler ADR Inc.)/ /Leave a comment

As I open each mediation session I remind everyone that the mediation is “confidential”, “without prejudice”, “off the record”.  I acknowledged that these three concepts don’t mean precisely the same thing at law but that for practical purposes it is our common intention and agreement that “what’s said here, stays here.” I know there’s more…

ADR, Availability of Mediators, Clients, Developing the Field, Dispute Resolution, Efficiency, EU Directive on Mediation, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Standards, Uncategorized

(ADR Center Romania)/ /1 Comment

While large scale efforts are being made in order to be recognized as a worldwide and a free standing profession, the mediation became a profession in some countries and it remains an experiment in others. The general public’s perceptions about mediation have registered significant changes over time. If in its early stages mediation was seen…

EU Directive on Mediation, EU Mediation Directive, Europe, European Law, International Mediation, Mediation Reforms (Legislation, etc.), Reform, Uncategorized

(Stockholm Arbitration & Litigation Center (SALC))/ /3 Comments

No one expected that the implementation of the EU Mediation Directive would come about easily(1). The recent report from the European Parliament on the implementation of the EU Mediation Directive attests to the difficulties encountered by Member States in implementing the Directive(2). The Report illustrates the uphill battle faced by the mediation community as a…

Clients, Commercial Mediation, Developing the Field, Dispute Resolution, Due Process, Efficiency, Ethics, General, International Mediation, Mediation Outcomes, Mediation Users/Clients, Mediators’ Conduct, Settlement Agreements, Uncategorized, War Stories

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

Yep, it’s been an up-and-down month.  More down than up if I’m honest. But hey! I’ve done enough of these things to know that my old Dad was right all those years ago when we’d stand at the top of a black run and he’d say “Laddie, if you’re not falling down, you aren’t skiing…

ADR, Dispute Resolution, Efficiency, Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), Public Policy, Uncategorized

(Mediare)/ /Leave a comment

The evolution of society, its population growth and the consequent increasing complexity as to relationships made it necessary that the natural right to justice become a right guaranteed by the State. That came about due to the fact man used to make justice himself using physical violence and imposing his own interests. Access to Justice…

ADR, Business, Clients, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Ethics, Lawyers, Legal Practice, Uncategorized, War Stories

(First Mediation Corporation)/ /Leave a comment

The Situation: Your adversary is attacking your case in the mediation in such a manner that good faith negotiations seem like a distant cousin to all out war. You are looking for a way to recover. You don’t want to walk out of the room, but you are running out of options and the negotiation…

ADR, Arbitration, Bias, Clients, Combined Clauses, Commercial Mediation, Cross-cultural, Dispute Resolution, Evaluative Mediation, General, Hong Kong, Humorous Pieces, International Courts, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Med-Arb Clauses, Mediation Outcomes, Mediators’ Conduct, Pre-arbitration Dispute Settlement Procedures, Public Policy, Uncategorized

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

Hong Kong is the global city of designer ‘labels’ as even the most reluctant of shoppers cannot fail to observe. It is also the city of fakes – fakes with labels and fakes without labels – and the place where the ‘No Fake’ label and the ‘No Label’ label thrive! Confused? Well don’t worry, Hong…