user perspectives

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, History of mediation, Judges as mediators, Lawyers, lawyers in mediation, Litigation, Mandatory mediation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Training, Settlement Agreements, Standards, Training, Understanding mediation, user perspectives

(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…

ADR, Arbitration, Dispute Resolution, Future of mediation, Intellectual Property, International commercial mediation, lawyers in mediation, Legislation, Med-Arb Clauses, mediation process, Mediation Reforms (Legislation, etc.), Role of Mediator, user perspectives

(Strategic Resolution)/ /Leave a comment

One of the important things that struck me about Dr. Anna Howard’s brilliant research into Mediation is the discovery that the General Counsel she interviewed for her project feel disappointed that the promise of mediation has not been realized. I feel the same disappointment – although my disappointment has a somewhat different source. What seems…

Cognitive Bias, Communication, Cross-cultural, International Mediation, Mediation and Society, Neuroscience, Trust, user perspectives

(Core Solutions Group)/ /1 Comment

In recent years we have learned a lot more about what have become known as cognitive biases and how they may play a part in negotiation and mediation. These are mental shortcuts that save energy and get us out of tight spots that have evolved over thousands of years. Well over a hundred have been…

Below the line, Clients, Conflict, Cross-cultural, Dialogue, Experience, Fear, General, Language, Lawyers and Psychologists, Mediation Lawyering, Mediation Practice, Mediators’ Conduct, Mindset, Mistakes, Neutrality, omnipartiality in mediation, Perception, Practical Challenges for Mediators, Reflective Practice, Transformation, user perspectives

(Bill Marsh Mediator)/ /1 Comment

I am not really one for elevator pitches. But I did hear one the other day about creating impact in a very short space of time, and I was struck by its relevance to mediation. Essentially, the message was that the people we meet make up their minds about us based on two key criteria,…

Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, SIDRA Survey, Singapore, Singapore Convention on Mediation, Surveys, Understanding mediation, user perspectives

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

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…

ADR, Arbitration, Developing the Field, Dispute Resolution, Experience, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Investor-state mediation, lawyers in mediation, Mediation Practice, Mediation Users/Clients, Research, Singapore, Singapore Convention on Mediation, Surveys, user perspectives

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

The Singapore International Dispute Resolution Academy (SIDRA) released its International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’) on 3 July. It is a compendium of the experiences and views of legal and client users from common and civil law jurisdictions on why and how they choose dispute resolution mechanisms to resolve cross-border disputes….

ADR, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Decision making, Dialogue, Dispute Resolution, Efficiency, Experience, Flexibility, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation as a business, Mediation Practice, mediation process, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Online Dispute Resolution (ODR), Online Mediation, Patience, Preparation, Promoting Mediation, Reflective Practice, Reflective practise, shuttle mediation, Success in mediation, Time Pressure, Transformation, user perspectives

(Bill Marsh Mediator)/ /20 Comments

For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…

ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Global Pound Conference Series 2016-17, Interests, Lawyers, Leadership, Mediation Institutions and Rules, Negotiation, Promoting Mediation, Skills, Training, user perspectives

(Strategic Resolution)/ /2 Comments

At a lunch at Globe House, Temple Place in London in early 2006 on a balcony overlooking the Thames, the host, Michael Leathes, then an in-house corporate counsel with some years of user experience in mediation and the arb-med hybrid, asked me and the others present – Jeremy Lack, Tina Monberg, Miryana Nešić and Irena…

Appointment of Mediators, Creativity, Developing the Field, Ethics, Evaluative Mediation, Fear, insider and outsider mediators, Intuition, mediation models, Mediation Outcomes, Mediators’ Conduct, omnipartiality in mediation, Online Dispute Resolution (ODR), Online Mediation, Perception, Practical Challenges for Mediators, Research, Skills, Success in mediation, Tactics, The role of the mediator, Tips, user perspectives

(Weiler ADR Inc.)/ /4 Comments

“Hi, I’m Rick. I’m your mediator for today. I can’t decide what happens in this dumb dispute or how you resolve issues. My job is just to help people who are incapable of resolving conflict, like yourselves, find areas that you can agree on. That means I get to control what appears in the messages,…

Clients, Developing the Field, Experience, Feedback, Language, mediation as a career, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Personal Development, Research, Skills, Success in mediation, The role of the mediator, Training, Uncategorized, user perspectives

(University of Strathclyde)/ /4 Comments
good mediation seen through a client's lens

“Like poets, but with less time” The Deep End Getting to grips with mediation can leave students and trainees overwhelmed. That favourite training tool, the roleplay, throws most in at the deep end. The sudden immersion forces them to speak, listen and observe while trying to remember models and skills plus a sea of reading…