Conventional wisdom, Cross-cultural, Developing the Field, Dispute Resolution, Ethics, General, Growth of the Field (Challenges, New Sectors, etc.), insider and outsider mediators, mediation models, Mediation Practice, mediation traditions, omnipartiality in mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

Geoff Sharp’s recent blog posting, Biased is better and Partiality is In, challenges the conventional mediation wisdom that views impartiality and neutrality as hallmarks of the mediation process. Here impartiality refers to a disinterestedness in the outcome of the dispute and the absence of real and perceived conflicts of interest in relation to the matter….

Accreditation, Appointment of Mediators, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, Reform, Regulation, Training

(Sabine Walsh Mediation)/ /Leave a comment

Over the past few weeks I have been following a discussion on LinkedIn around mediator certification which has been going on non-stop for no less than four months. The question of whether the regulation of mediators is good, bad or indifferent seems to go straight to the heart of issues surrounding our identity as mediators…

Developing the Field, Hong Kong, Mediation Practice, Policy, Scotland

(University of Strathclyde, Law School)/ /1 Comment

It’s nice to be asked.  It means that someone somewhere is taking notice of your work.  Yes conference invitations are generally a good thing.  They are a bit like buses though.  You hang around for eons waiting on them and then suddenly two come at once.  Thus I find myself this May being invited to…

ADR, Appointment of Mediators, Availability of Mediators, Bias, Clients, Commercial Mediation, Conflict, Developing the Field, Due Process, Ethics, Future of mediation, Hong Kong, International Law, International Mediation, mediation as a career, Mediation Practice, Skills, Standards

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

I come from a Western mediation tradition that argues strenuously for neutrality and impartiality in a mediator. Indeed, one of the first questions lawyers will ask when hiring me is whether or not I have any conflict of interest – in other words, do I know those involved in the dispute, have I worked with…

ADR, Business, Commercial Mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Particular Sectors (e.g. Construction, Banking, etc.), Technology

(Mediar360 - Dispute Resolution )/ /1 Comment

The relationship between growth and the combination of knowledge and human capital is no surprise. The economic environment is fast changing and technology driven. The global economy is already what the economists call a knowledge economy, where value increasingly comes from innovation and intellectual property management. No country, region or organization can ignore the challenges…

'Money-only' Cases, ADR, Commercial Mediation, Creativity, Deal Mediation, Future of mediation, Governments/Public Sector, Litigation, Mediation Practice, Success in mediation

(Weiler ADR Inc.)/ /3 Comments

I’ve been working in this field for more than 20 years and one thing that I’ve observed with genuine curiosity over that time is the sniping from various quarters that what I (and others with practices similar to mine) do each day falls short of “The Promise of Mediation”. As readers of this Blog will…

9/11, Mediation Practice, Mentoring, Negotiation, Partnering, Survivor, Teamwork, Transformation, Zen

(First Mediation Corporation)/ /1 Comment

The following was written by my colleague and friend, Mariam Zadeh, following her transition as a 9/11 survivor to becoming a private mediator in Los Angeles: One who refuses to seek the advice of others will eventually be led to a path of ruin. A mentor helps you to perceive your own weaknesses and confront…

Developing the Field, General, Interests, International Legal Theory and Teaching, Negotiation, Skills

(National University of Singapore, Faculty of Law)/ /2 Comments

饮水思源 – Chinese proverb meaning “When you drink water, remember its source” Many will remember 25 August 2012 as the day Neil Armstrong passed away. Neil Armstrong was a hero and an inspiration to many. He was of course the first man to walk on the moon and his achievement was symbolic to many of…

ADR, Arbitration, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Enforcement of a Mediation Clause, Ethics, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Mediation Agreement, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Public Policy, Uncategorized, Understanding mediation

(University of Strathclyde)/ /5 Comments

To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…

Europe, European Law, Online Dispute Resolution (ODR), Regulation

(CMS)/ /Leave a comment

The Report on the proposal for a regulation of the European Parliament and of the Council on online dispute resolution for consumer disputes (Regulation on consumer ODR) (COM(2011)0794 – C7-0453/2011– 2011/0374(COD)) has been published by the Internal Market and Consumer Protection Committee (IMCO) of the European Parliament. IMCO has been working on two legislative proposals…