Commercial Mediation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice

(Pepperdine University School of Law)/ /Leave a comment

A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict…

ADR, Business, Commercial Mediation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.)

(Mediar360 - Dispute Resolution )/ /Leave a comment

Since 2010, when the Brazilian National Council of Justice (CNJ), the agency that controls and manages the quality of civil services rendered by the Brazilian Judiciary Power, issued Resolution no. 125 , the mediation market in Brazil became considerably more active. This new Public Policy provided instructions on the proper handling of conflicts within the…

Appointment of Mediators, Availability of Mediators, Clients, Costs in Mediation, Developing the Field, Efficiency, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legislation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Public Policy

(ADR Center Romania)/ /Leave a comment

If I look back 10 years ago I can notice that mediation has had an evolution which at that time, we could but hope for. From the random pilot projects and the search “laboratories” of this activity, in the year 2013, mediation has become a freestanding profession and even a social and professional phenomenon. Mediation…

'Money-only' Cases, Commercial Mediation, Court Procedure and Litigation, Evaluative Mediation, Mediation Outcomes, Settlement Agreements, Success in mediation

(Weiler ADR Inc.)/ /Leave a comment

A recently reported decision of the Ontario Superior Court highlights the efficacy of the mediation process in resolving complex disputes particularly in circumstances where uncertainty of outcome reigns supreme.  In Johnston v. The Shelia Morrison Schools, 2013 ONSC 1528 Justice Perell was asked to approve a settlement in an Action which had been certified under…

Bias, Conventional wisdom, Cross-cultural, General, Interests, Mediation Practice, Mediators’ Conduct, Practical Challenges for Mediators

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

[Author’s Note: I am grateful to Ms. Melissa Teo whose journal ruminations led me to the random thoughts that follow] I teach mediation skills at the National University of Singapore Faculty of Law and it has always been something that I have found tremendously fulfilling. Apart from influencing generations of lawyers to consider the resolution…

Causes of Conflict, Conflict, conlfict coaching, Developing the Field, International Mediation, Mediation Practice, Neuroscience, peace negotiations, Uncategorized

(University of Strathclyde)/ /2 Comments

Last Sunday in Edinburgh I took part in a panel on the subject of Intractable Conflict. The principal speaker was Oliver Ramsbotham, Emeritus Professor of Conflict Resolution at the University of Bradford, and author of ‘Transforming Violent Conflict: Radical Disagreement, Dialogue and Survival’ (Abingdon, Oxon: Routledge, 2010). He described a familiar, if depressing, phenomenon in…

ADR, Appointment of Mediators, Arbitration, Confidentiality, Dispute Resolution, Due Process, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), Pre-arbitration Dispute Settlement Procedures, Regulation

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

In a previous posting I looked at Hong Kong’s new Mediation Ordinance, which came into force on 1 January 2013. This legislative activity comes hot on the heels of a major revision of the Hong Kong Arbitration Ordinance which came into effect in 2011. Given the increasing interest in multi-tiered dispute resolution (MDR) processes such…

Clients, Creativity, Developing the Field, Family Mediation, Future of mediation, Ireland, Lawyers and Psychologists, mediation models, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Public Policy, Reform, Teamwork

(Sabine Walsh Mediation)/ /1 Comment

Armed with coloured paper, crayons and scissors, myself and nine other mediators spent a good portion of last Friday designing our “ideal” family conflict resolution service. While the background to this was, in part, recent and pending legislative change in the UK, some of which looks likely to impact negatively on families in conflict, these…