Causes of Conflict, Commercial Mediation, Efficiency, Ethics, Mediation Outcomes, Mediators’ Conduct, Practical Challenges for Mediators, Time Pressure

(Pel Mediation)/ /Leave a comment

We live in an age when we all seem to try to get more out of our time. We try to expand time by doing things more quickly and more efficiently than we could before we had airplanes, computers, and all our other electronic devices. We have, however, also created more and more time pressure…

Commercial Mediation, Mediation Practice, Mediators’ Conduct, Practical Challenges for Mediators, Uncategorized

(Weiler ADR Inc.)/ /Leave a comment

As I open each mediation session I remind everyone that the mediation is “confidential”, “without prejudice”, “off the record”.  I acknowledged that these three concepts don’t mean precisely the same thing at law but that for practical purposes it is our common intention and agreement that “what’s said here, stays here.” I know there’s more…

ADR, Availability of Mediators, Clients, Developing the Field, Dispute Resolution, Efficiency, EU Directive on Mediation, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Users/Clients, Standards, Uncategorized

(ADR Center Romania)/ /1 Comment

While large scale efforts are being made in order to be recognized as a worldwide and a free standing profession, the mediation became a profession in some countries and it remains an experiment in others. The general public’s perceptions about mediation have registered significant changes over time. If in its early stages mediation was seen…

EU Directive on Mediation, EU Mediation Directive, Europe, European Law, International Mediation, Mediation Reforms (Legislation, etc.), Reform, Uncategorized

(Stockholm Arbitration & Litigation Center (SALC))/ /3 Comments

No one expected that the implementation of the EU Mediation Directive would come about easily(1). The recent report from the European Parliament on the implementation of the EU Mediation Directive attests to the difficulties encountered by Member States in implementing the Directive(2). The Report illustrates the uphill battle faced by the mediation community as a…

Growth of the Field (Challenges, New Sectors, etc.)

(National Alternative Dispute Resolution Advisory Council)/ /1 Comment

Mediation has produced some surprising and unexpected outcomes. One has been its revolutionary speed of acceptance as a means of bringing a civil dispute to a conclusion without judicial determination. Judicial determination has a lot of benefits. One is that there is a clear, authoritative statement of the legal rights of parties in opposition. Another…

Evaluative Mediation, General, Humorous Pieces, Mediation Outcomes, Mediation Practice, Success in mediation

(National University of Singapore, Faculty of Law)/

I like the Christmas season. It marks a very happy time in the year for me and I’m afraid, it makes me a bit silly. In that spirit, I hope readers will forgive that I start off with an Elephant story… I recently had the need to think about the various models of mediation that…

Apologies, Clients, Developing the Field, General, Language, Mediation Practice, Mediators’ Conduct, War Stories

(University of Strathclyde)/ /3 Comments

This blog is inspired by a page from Monty Python’s ‘Big Red Book’ entitled ‘Why Accountancy is Not Boring.’ (Apologies to those who have not come across the Pythons’ rather English form of humour – for the original piece see http://arago4.tnw.utwente.nl/stonedead/publications/sketches/accountancy.html) Apologies too to accountants everywhere who, in the 1970’s, were probably as easy a…

ADR, Europe, European Law, Legislation, Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Online Mediation, Particular Sectors (e.g. Construction, Banking, etc.), Regulation

(CMS)/ /Leave a comment

On November 29, 2011, the European Commission announced (MEMO/11/840) its proposals for a new Directive on consumer ADR and a new Regulation on consumer ODR. With some countries in the Eurozone in deeper financial trouble than ever, and the future of the EU uncertain, the Commission has just sent a clear signal that the promotion…