ADR, Book Review, Business, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Legal Practice, UN and International Organizations

(CMS)/ /Leave a comment

While the world becomes ever faster-paced, litigating business disputes are unchangeably slow. The recently published World Bank’s “Doing Business 2012: Doing Business in a More Transparent World” report shows that state court procedures in most countries remain lengthy, costly and complicated. Although this is not good news for anyone, as a side effect, the flaws…

ADR, Dispute Resolution, Lawyers, Mediation Schemes (In Courts, etc.), Negotiation

(Esprit d’entente)/ /Leave a comment

What is Collaborative Law and Practice? Collaborative Law is a mode of dispute settlement, mainly used in family disputes (divorce, separation) and sometimes in civil matters (inheritance, commercial disputes), allowing the disputants to work as a team with trained professionals to resolve disputes respectfully without going to court. The Minnesota (USA) family lawyer Stu Webb…

Co-mediation, Cross-cultural, Developing the Field, EU Mediation Directive, Europe, European Law, Family Mediation, International Courts, International Law, International Mediation, Mediation Practice

(Sabine Walsh Mediation)/ /1 Comment

As globalisation progresses and migration increases, the number of bi-national and bi-cultural relationships and marriages is increasing. This brings a new richness and diversity to our society, but can also bring new challenges and difficulties when those relationships break down. One of the difficulties that can arise is international parental child abduction, where one parent…

Apologies, Clients, Commercial Mediation, Efficiency, Mediation Outcomes, Practical Challenges for Mediators, Training

(Pel Mediation)/ /1 Comment

Problems in group practices of medical group practices or commercial partnerships between lawyers, advisers, accountants, consultants are very common. My mediation practice consists for about 50% of group-mediations concerning cooperation-problems between partners in lawyer-firms, doctors-cooperations and other commercial partnerships. One of the major issues seems to be that clear communication about what is really the…

Clients, Due Process, Mediation Practice, Mediators’ Conduct

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

1. Failing to get the right people at the table. 2. Failing to explain the mediator’s role as agent of reality. 3. Permitting settlement negotiations to begin prematurely – prior to permitting the parties to vent or prior to risk analysis and reality testing. 4. Failing to orchestrate the negotiations by discouraging out of the…

Clients, Developing the Field, General, War Stories

(Bill Marsh Mediator)/ /1 Comment

This week I came across an article in Forbes magazine (not my usual reading, I hasten to add!) which irritated and inspired me in equal measure. Under the title “The Ten Most Peaceful Countries Don’t Include US” it highlighted the world’s ten most peaceful countries as measured by the “Negative Peace” and “Positive Peace” criteria…

Uncategorized

(Kluwer Law International)/ /Leave a comment

It gives me great pleasure to announce that the publishers of this blog and Kluwer Arbitration are hosting their first Webinar designed for corporate counsel on Wednesday 9th November (4pm Central European time/3pm UK time/10am Eastern Standard Time). The webinar is entitled Shell vs GE: The Employer-Contractor Debate. The Best Way to Resolve Conflicts and…

Clients, Family Mediation, General, Language, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct

(The University of Western Australia )/ /Leave a comment

Desire. I have some transcripts from real-life family mediations to analyse and reading the transcripts, it struck me that I was reading about desire. This sent me back to my 1985 language, literature and culture textbook, Modern Literary Theory, and to psychoanalytic and linguistic theories. Thinking also about Nadja Alexander’s post about the Carlo Scarpa…

ADR, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Practical Challenges for Mediators, Reform, Responsibility of States

(Mediare)/ /1 Comment

The importance of the multidisciplinary approach and the leading role of the parts. Modernity brought about the fragmentation of knowledge and the emergence of different disciplines as well as diversified specializations in several subject areas. This fragmentation enabled people to deepen their knowledge concerning specific issues and made them feel that they could master their…