Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Practice, Training, Uncategorized

(University of Strathclyde)/ /1 Comment

I was pleased to read that this year’s ICC Competition went so well. Having hosted the UK Law Student Mediation Competition in Glasgow in November I was first-hand witness to the wholehearted, thoughtful way young mediators throw themselves into this work. They appear unaffected by the scepticism of older lawyers. All of this is very…

ADR, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Online Mediation, Technology

(Singapore International Dispute Resolution Academy)/ /5 Comments

Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent…

ADR, International Mediation, Uncategorized

(CMS)/ /Leave a comment

After five days of intense competition between 66 teams from 32 countries, the ICC International Commercial Mediation Competition finished yesterday in Paris. The South Texas College of Law (USA) came in first, and the Bar Ilan University (Israel) was the runner-up. In the semifinals both teams beat off their competitors: the University of New South…

ADR Agreements, Conciliation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Experts, Lawyers, Legal Practice, Legislation, Mediation Agreement, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Negotiation

(Esprit d’entente)/

This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the modes providing for amicable resolution of disputes. The Decree No. 2012-66 (the Decree) mainly enacts rules dealing with certain aspects of mediation in…

ADR, Lawyers, Mediation Practice, Practical Challenges for Mediators

(Brick Court Chambers / Clifton Chambers)/ /1 Comment

I mediated an insurance matter this week and as far as insurance disputes are concerned, never has a truer word been spoken; >Litigants are eager to discuss their cases Reality; the parties tend to withhold information >Mediation will be conducted in joint sessions Reality; the parties prefer private sessions >Mediation will focus on needs and…

Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Online Dispute Resolution (ODR), Online Mediation

(Sabine Walsh Mediation)/ /1 Comment

I have been interested in, and have been training in various methods of Online Dispute Resolution for some time, so when a case of mine recently converted into a type of online mediation I thought I would take some time to reflect on what I learned from the experience. First, a few words about how…

Accreditation, Appointment of Mediators, Arbitration, Clients, Developing the Field, Due Process, Ethics, Europe, General, Governments/Public Sector, harmonisation of mediation law, Mediation Agreement, Mediation Institutions and Rules, Mediation Practice, Mediators’ Conduct, Regulation, Responsibility of States, Standards, Success in mediation, Training

(Pel Mediation)/ /Leave a comment

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…

ADR, Arbitration, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, International Mediation, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Pre-arbitration Dispute Settlement Procedures

(Hong Kong Shue Yan University)/ /Leave a comment

The recent decision in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Others [2011] HKEC 514, (the “wining and dining” mediation case) has generated a considerable amount of interest in the murky depths of the Arbitration-Mediation (“Arb-Med”) facility. Practitioners and academics are still engaged in deep discourse nearly two months after the case…

Mediation Practice, Practical Challenges for Mediators

(Aina Blankson LP)/ /Leave a comment

I will never forget my first day in a mediation class where one word that reverberated over a hundred times was “interest, interest and interest”! “Focus on underlying interests’ was the phrase that dominated the experience that I truly got bored. That was a mistake as I bungled the very first mediation I was called…

Developing the Field, Efficiency, Lawyers and Psychologists, Mediation Practice, Uncategorized

(Mediare)/ /Leave a comment

Cartesian philosophy encouraged the fragmentation of knowledge and made it possible for different subjects and their branches to appear. Such fact brought about the expansion of knowledge in a microscopic way. Having become highly specialized man believed he had mastered all knowledge without realizing at first he had lost the perspective of the whole. Such…