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ADR, Australia, Cross-cultural, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Med-Arb Clauses, Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Practical Challenges for Mediators, Uncategorized

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

They say that you can take the girl out of Australia but that you can’t take Australia out of the girl. So as an Australian living in Hong Kong, let me leave the east-meets-west stories for another time and begin with the very Australian concept of BYO. It’s a long established tradition in Australia to…

Costs in Mediation, Governments/Public Sector, International Mediation, Mediation Schemes (In Courts, etc.), Reform, Surveys, Third Party Funding, Uncategorized

(CMS)/ /Leave a comment

According to reports, we should now get used to living in an era of austerity. Tax increases, welfare cuts, and salary freezes are on their way in many countries. Does this mean that public spending on mediation must be cut as well? Quite the contrary. Mediation may bring significant savings in difficult times soon to…

Bias, Confidentiality, Confidentiality and Transparency, Costs in Mediation, Court Procedure and Litigation, Legal Issues, Legal Practice, Uncategorized

(Eleven Wentworth)/ /Leave a comment

1. Unlike the arbitral process where courts strive to distinguish between the concepts of a private process and a confidential process, the mediation process is indisputably and inherently confidential. But what happens if one party breaches this confidentiality during the mediation? In formal terms, can the act by one party in breach be treated as…