Appointment of Mediators, Below the line, Bias, Clients, Commercial Mediation, Conflict, Conventional wisdom, Creativity, Evaluative Mediation, General, Language, mediation models, Mediation Practice, mediation traditions, Mediation Users/Clients, Mediators’ Conduct, Training, Transformation, Understanding mediation

(Bill Marsh Mediator)/ /7 Comments

Mediators deal in words – not exclusively, but a great deal (and perhaps sometimes too much, but that’s another blog). So it pays for us to think carefully about what words really mean. A couple of years ago, I came across an article entitled “US facilitation yes, mediation no: Omar”. It detailed how Pakistan, through…

ADR, Conflict, Dispute Resolution, Efficiency, General, Mediation Outcomes, Mediation Practice

(Mediar360 - Dispute Resolution )/ /Leave a comment

As mentioned in a previous post, this month I will briefly talk about two high profile cases from the corporate sector which helped to improve mediation awareness in Brazil and, due to its widespread coverage, provided the general public clear examples of how it is possible to fix complex legal problems by not letting our…

Confidentiality, Deal Mediation, Disclosure, Enforcement, Ethics, Mediation Agreement, Mediators’ Conduct, Uncategorized, War Stories

(Weiler ADR Inc.)/ /4 Comments

Its interesting to me that when you Google “lying” and “mediation” you are redirected to “lying” (as in lying down) and “meditation”. Recently my attention was drawn back to the old issue of deception in mediation. It’s an issue that mediators, lawyers and parties engaged in mediation or negotiation do well to reflect on from…

ADR, Cross-cultural, Dispute Resolution, Efficiency, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Status

(ADR Center Romania)/ /2 Comments

In the past 20 years or so, we witnessed an intensification of the litigation rate as the world became more globalized and people saw lawsuits as the only real alternative to a negotiated agreement. That created high caseloads, extended periods of time until final judgments, discouraging high litigation costs, dissatisfaction with the outcomes and lack…

Argument, Cohen, mediation models, Monty Python, Negotiation

(First Mediation Corporation)/ /Leave a comment

There is a famous sketch by Monty Python in which the lead character (Michael Palin) is looking to buy a five-minute argument. He walks into an office where the receptionist offers him some options. One of the options involves a person who is too conciliatory. She decides that there is a good argument available and…

Developing the Field, Future of mediation, General

(National University of Singapore, Faculty of Law)/ /1 Comment

On 10 October 2013, Lord Woolf delivered the Singapore Mediation Lecture 2013 to a packed auditorium. The second lecture in this series, the Singapore Mediation Lecture is a result of a partnership between the Singapore Mediation Centre, the Singapore Management University School of Law and Harry Elias Partnership. The inaugural Singapore Mediation Lecture was held…

Europe, International Mediation, Legislation, Mediation Act, mediation models, Uncategorized

(CMS)/ /2 Comments

The “Italian mediation explosion” attracted a lot of attention from the international mediation community. The mediation explosion came to a sudden halt in December 2012, when the Italian Constitutional Court ruled that the provisions had been unconstitutional. Just recently, on September 20, 2013, a new regulation came into effect, again opting for mandatory mediation, but…

'Money-only' Cases, Apologies, Apology, Causes of Conflict, Commercial Mediation, Communication, General, Interests, mediation models, Mediation Practice, Mediation Users/Clients, Settlement Agreements, Skills

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

This week I spoke to a group of young legal practitioners here in New Zealand. I aimed low and went back to source. I suspect I got more of a kick out of it than anyone at the session. So, mediators, look away. There is nothing new here. But users, occasional or repeat, I hope these three…