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…

Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Weiler ADR Inc.)/ /Leave a comment

If you’re in a jurisdiction with some sort of mandatory mediation program its worth reading the reasons of Mr. Justice Sloan of the Ontario Superior Court of Justice in  Cornie v Security National and three companion Actions. Many lessons can be drawn from this decision depending on your perspective, but to me one clear lesson…

Appointment of Mediators, Family Mediation, General, Mediation Practice

(Aina Blankson LP)/ /Leave a comment

With all the surrounding pomp and pageantry particularly in the African culture, seating through a wedding ceremony by couple could be quite splendid. Optimisms are usually high as couple fantasize about a future of possibilities for each other and their children. In contrast, seating through a child custody legal battle can be quite horrific as…

Court Procedure and Litigation, Developing the Field, Domestic Courts, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.)

(ADR Center Romania)/ /1 Comment

In the Romanian Parliament there has been submitted a draft to amend the legislative framework regarding mediation. Thus, according to the draft, prior to referring the case to the court of law or the criminal pursuit body, Parties or any of these are bound to try and settle the conflict by mediation, under penalty of…

General, Mediation Practice, Practical Challenges for Mediators

(First Mediation Corporation)/ /1 Comment

There is a short period of time in any difficult mediation where the tension escalates and tough negotiation decisions have to be made. Some people call this a ‘do or die’ moment. Its like the last vote in the Supreme Court in Gore v. Bush. Or its Tiger Woods chipping in from the fringe of…

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

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

The term “ADR” is certainly familiar to not just those of us in the teaching and practice of mediation, but legal practitioners as well. In this post, I want to share some thoughts about the evolving nature of the “A” in ADR and how this is both reflective of the changes that have occurred in…

ADR, Business, Commercial Mediation, Developing the Field, Efficiency, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Mediation Outcomes, Mediation Practice

(University of Strathclyde)/ /1 Comment

It is not uncommon to hear lawyers speak warmly of mediation in general, but when asked if they would recommend it for a particular case respond that they could not see it working. Related to this, lawyers who have developed well-honed negotiation skills may struggle to see how a mediator could improve on their outcomes….

ADR, Court Procedure and Litigation, Governments/Public Sector, Growth of the Field (Challenges, New Sectors, etc.), Regulation, Responsibility of States

(CMS)/ /Leave a comment

Even if in most jurisdictions it is still rarely practiced, a few areas of law exist in which mediation may provide as many benefits as it does in bankruptcy. A drastic increase in the amount of bankruptcy filings during the recent financial crisis has forced bankruptcy judges and attorneys to seek and employ various methods…

Appointment of Mediators, Availability of Mediators, Clients, Commercial Mediation, Confidentiality, Confidentiality and Transparency, Developing the Field, General, Lawyers, Mediation Practice, Mediators’ Conduct

(Bill Marsh Mediator)/ /2 Comments

These days, I don’t go to that many mediation conferences. I haven’t lost my interest or passion for mediation, I just find that the conferences are all full of mediators talking to mediators. And while some of my best friends are mediators, I don’t need a conference to talk to them. The harsh truth is…

Clients, Confidentiality, Confidentiality and Transparency, Disclosure, Family Mediation, General, Language, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Uncategorized

(National Alternative Dispute Resolution Advisory Council)/ /Leave a comment

Mediation doesn’t require special premises. It can be conducted in any type of place. There are Native Title mediations for Indigenous Australians that can happen at least in part on the land in question, under a tree or on a hill side. Mediations in the workplace often happen in the place where the dispute originally…