Appointment of Mediators, Australia, Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, Evaluative Mediation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, Public Policy, Reform, Regulation, Responsibility of States, Standards, Uncategorized

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

As you would expect, judges are appointed for their ability to adjudicate, often untested at the time of elevation to the Bench. Once appointed, many jurisdictions around the world then ask their judges to suspend their adjudication skills in favour of mediating controversies coming before the court, often in an effort to reduce backlogs. And it seems…

ADR, Dispute Resolution, Responsibility of States

(Mediar360 - Dispute Resolution )/ /1 Comment

When the airplane approaches the south zone of the city from the ocean side, flying into Rio is breathtaking. The sight of the long beaches, covered with white sand with the buildings in the background, perfectly framed by the green mountains is a pictorial representation of an idyllic place. From the top of the Sugar…

Business, Commercial Mediation, Court Procedure and Litigation, Domestic Courts, Ethics, Growth of the Field (Challenges, New Sectors, etc.), Judges as mediators, Mediation Reforms (Legislation, etc.), Uncategorized

(Weiler ADR Inc.)/ /1 Comment

Two stories in the Canadian media caught my eye this past month. New Rules for Bank Mediators – The Federal Minister of Finance has indicated that the Canadian federal government will not require banks to mediate their disputes with customers through mediation services offered by the Ombudsman for Banking Services and Investments (OBSI). OSBI is…

Confidentiality, Efficiency, Mediation Agreement, Mediation Practice, Tactics

(ADR Center Romania)/ /Leave a comment

One of the advantages of using mediation to achieve negotiated solutions is Parties’ possibility to separately communicate with the mediator within what it is called separate sessions or caucus. The differences of perception, the emotions and feelings determined by the ego, the stubbornness or the personality of Parties involved in a conflict are examples of…

Apology, Football, Impasse, Mediation Practice, Negotiation, Playbook, Steeler

(First Mediation Corporation)/ /Leave a comment

This story is for you if: You have made a big mistake in a negotiation and you need a way to recover; Your efforts at settlement have fallen on deaf ears; You have stepped in a negotiation minefield and you need to find a way to get back on track.   Periodically we find ourselves…

Bias, Causes of Conflict, Communication, Conflict, Cross-cultural, General, Language, Practical Challenges for Mediators, Skills, Uncategorized

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

I have in previous posts referred to the distinction between direct and indirect forms of communication. Mediators will certainly have encountered these forms of communication before. Without seeking to offer a comprehensive or technical definition of what direct and indirect communication is, I would like to share some thoughts on this topic. First, it is…

ADR, Bias, Costs in Mediation, Court Procedure and Litigation, Dispute Resolution, Domestic Courts, Efficiency, Europe, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Issues, Mediation Institutions and Rules, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Public Policy, Reform, Uncategorized

(University of Strathclyde)/ /Leave a comment

Scotland is a practical nation. The list of its inventions includes penicillin, anaesthetics, steam engines, tarmac roads and even the decimal point (see http://www.magicdragon.com/Wallace/thingscot.html#Ta). Like the rest of the UK its culture was in part forged by the ‘practical man’ of the Industrial Revolution, rejecting grand theory in favour of trial and error. Its lawyers,…

ADR, Communication, Conflict, Dispute Resolution, General, Skills, Training

(Singapore International Dispute Resolution Academy)/ /4 Comments

It is often said that listening is one of a mediator’s core skills. At the same time the parties’ ability to listen to each other is equally important. Where parties’ communication has broken down to such an extent that they are unable to really hear what each other is saying, mediators can step in and…

Book Review, Community Mediation, Mediation Practice, Not-for-Profit Organizations (NGO)

(CMS)/ /Leave a comment

400,000 mediation case referrals, and nearly 1 million service recipients yearly, with an army of 20,000 volunteer mediators and 1,300 full-time staff members… The State of Community Mediation Report demonstrates the current strength of the community mediation movement in the United States. The Report has recently been published by the National Association for Community Mediation…