Conciliation, International Law, International Mediation, Mediation Users/Clients, Regulation, UN and International Organizations

(CMS)/ /Leave a comment

(Foreign) investor – (host) State disputes are for many reasons an intriguing and fast developing part of legal and dispute resolution practice. Since the late 1990s, the number of such disputes has increased sharply: In 1997, 19 known cases were brought against states. By 2007, there were over 250 known cases, and more than 450…

Accreditation, ADR, Appointment of Mediators, Availability of Mediators, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Developing the Field, Ethics

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

We mediators need to market our wares, just like the fruiterer at my local Sunday Farmers’ Market when he calls out prices from behind his stall. Increasingly some mediators are choosing to do this by the numbers – advertising how many mediations they have completed and what level of success they have achieved. For instance, this…

Switzerland

(Esprit d’entente)/ /Leave a comment

Problems, disagreements, differences and conflicts encountered in the workplace, when left unresolved, may affect the health of Employees and impact the productivity of the Organization or Company. For Employees, this may harm their health, have adverse consequences to their family and social life, provoke reactions of withdrawal and isolation, result in a depressive state expressed…

Conflict, Cross-cultural, Developing the Field, Europe, Family Mediation, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Mediation Reforms (Legislation, etc.), Mentoring, Transformation

(Sabine Walsh Mediation)/ /Leave a comment

The location was the Old Post House in Stafford, a traditional English, allegedly haunted, building with excellent conference facilities, good food and awful coffee. The occasion was World Conflict Resolution Day, this year on 18th October. About 45 mediators from around the world had gathered for a day of lectures on workshops on mediation. The…

ADR, Mediation Practice, Skills, Stories

(Diane Levin LLC)/ /Leave a comment

On the final day of an advanced mediation skills training I took many years ago, the trainers brought in a group of improvisational actors. The idea, as you might readily guess, was to invite us to shake off our habitual responses (together with our post-lunch lethargy) and, unbound by convention, let our creative impulses off…

ADR, ADR Agreements, Confidentiality and Transparency, Dispute Resolution, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

Theories are simplified models of reality. They have the advantage of shedding light on complex subjects through a simplified and understandable set of ideas. Theories help to describe, explain, foresee and control. Some theories can be easily proven and others not proven at all. However, there is a particular field of study, named “Game Theory”,…

'Money-only' Cases, Clients, Commercial Mediation, Creativity, mediation models, Mediators’ Conduct, Understanding mediation

(Weiler ADR Inc.)/ /Leave a comment

Recently, during a lull in the action in a tort mediation, I was drawn aside by an insurance representative I see frequently. He had concerns about my “style” as a mediator. “Every mediation it’s the same thing”, he said. “It’s almost like everyone knows where the case is going to settle in advance so why…

ADR, ADR Agreements, Family Mediation, General, Lawyers, Mediation Practice

(ADR Center Romania)/ /Leave a comment

Over the years, the Romanian people got used to the transition state. We are now crossing a difficult period for all of us, that of financial deprivation. People divide what they have left, dreaming to become exclusive owner of each inch of land, of each piece of wood of their old houses, of every brick…

Below the line, Creativity, Guitar, Understanding mediation

(First Mediation Corporation)/ /Leave a comment

This story is for you if: You have agreed to mediate a state court case before a damage analysis has been exchanged Before or during the mediation you exchange confidential damage estimates with the other side The mediation results in impasse and you receive a motion to remove to federal court with your damage calculations…

ADR, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Lawyering, Mediation Practice, Negotiation, Training

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

Singapore was the location of an ADR conference over 4-5 October 2012. The conference was entitled “The 5Cs of ADR: Collaboration-Communication-Consensus-Cooperation-Conclusion” and was jointly organized by the Subordinate Courts of Singapore, the Singapore Mediation Centre, the Law Society of Singapore, the Supreme Court of Singapore, the Singapore Academy of Law, the Ministry of Law and…