Conflict, Developing the Field, General, Humorous Pieces, Mediation Practice, Practical Challenges for Mediators, Success in mediation, Training

(University of Strathclyde)/ /2 Comments

I was recently given an extraordinary birthday present: a day at the Nick Nairn Cook School (www.nicknairncookschool.com). Nick Nairn is one of Scotland’s most famous celebrity chefs, known for his respect for traditional Scottish fare, and as something of a foody I couldn’t think of a better way to spend a Saturday. I wasn’t disappointed….

Court Procedure and Litigation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Issues, Legal Practice, Mediation Lawyering, Mediation Practice, Negotiation

(Singapore International Dispute Resolution Academy)/ /2 Comments

It is a fact of life that lawyers will be involved in many mediations, particularly where they involve litigation matters. Despite initial reluctance to embrace mediation, the tide is turning as Sabine Walsh explains in her posting, Of Turkeys and Christmas – The Role of Lawyers in Mediation. A specialised form of legal practice is…

ADR, Dispute Resolution, Efficiency, Particular Sectors (e.g. Construction, Banking, etc.), Pre-arbitration Dispute Settlement Procedures, Time Pressure

(CMS)/ /Leave a comment

I have just recently received an arbitral award for a client that resolved a construction dispute which had arisen more than five years ago. Unfortunately, such time frame is not exceptional. Litigation would probably not have lasted any shorter. Construction disputes are usually complex and tend to involve stacks of documents. Such disputes often involve…

Conciliation, Court Procedure and Litigation, Legislation, Mediation Act, Mediation Schemes (In Courts, etc.), Switzerland

(Esprit d’entente)/ /Leave a comment

In a previous post, I had briefly described how mediation is now embodied in the Swiss legislation and whether this may contribute to its development in Switzerland. Regarding mediation within the Judiciary, I had mentioned the lack of significant development in this field. I identified two main causes. The first one is the principle of…

Developing the Field, Dispute Resolution, General, Ireland, Lawyers, Legal Issues, Legal Practice

(Sabine Walsh Mediation)/ /1 Comment

Our local mediator’s association here in the Northwest of Ireland recently ran a public seminar on mediation and the future of alternative dispute resolution. The two keynote speakers were two very distinguished lawyers, a High Court Judge and a Senior Barrister. As I looked around the room, it struck me just how many lawyers were…

Bias, Clients, Conciliation, Conflict, General, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct

(Bill Marsh Mediator)/ /Leave a comment

I recently came across a new word – new to me, at least, which was irritating because I pride myself on having a pretty good vocabulary. The word is “Chaordic”. To quote Wikipedia, “The portmanteau chaordic refers to a system of governance that blends characteristics of chaos and order”. The term was apparently coined in…

Business, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Online Dispute Resolution (ODR), Standards, Success in mediation, Uncategorized, War Stories

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Yes I do –  and as I stood 4th in line outside Dick Smith’s (read  PC World or Radio Shack) at 5am Friday week ago waiting to get my hands on my first iPad I resolved to make the iPad 3 central to my practice. The guy next to me had been on the TV…

Causes of Conflict, Clients, Confidentiality and Transparency, Conflict, Developing the Field, Ethics, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediators’ Conduct, Training

(Pel Mediation)/ /Leave a comment

In mediation, the art of the mediator is to lead the mediation participants to the best possible solution of their conflict, based on their underlying interests. It is the art of seduction to shift the focus from their points of view and desired outcomes to interests, and also from the escalation-driven wish to “win” and…

ADR, Europe, Greece, Growth of the Field (Challenges, New Sectors, etc.), Legislation

(Apostolos Anthimos Law Firm)/ /1 Comment

In the land of plenty (austerity packages) and decennial litigation fights, a new hope seems to emerge for the first time. Mediation is in the mouths of lawyers and the minds of academics. It is also part of the MoJ’s agenda since 2010. My objective is to present you the mediation landscape in Greece, and…

Accreditation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career, Mediation Practice, Success in mediation, Training

(Singapore International Dispute Resolution Academy)/ /3 Comments

In my capacity as a trainer and educator of mediators, I am frequently asked about entry into the mediation profession: “Once I pass my accreditation assessment, I want to become a full-time mediator…” The mediation training market continues to boom, confirming a continuing strong interest in mediation as a career path. However the supply of…