Costs in Mediation, Governments/Public Sector, International Mediation, Mediation Schemes (In Courts, etc.), Reform, Surveys, Third Party Funding, Uncategorized

(CMS)/ /Leave a comment

According to reports, we should now get used to living in an era of austerity. Tax increases, welfare cuts, and salary freezes are on their way in many countries. Does this mean that public spending on mediation must be cut as well? Quite the contrary. Mediation may bring significant savings in difficult times soon to…

Developing the Field, Efficiency, Lawyers, Legal Practice, Mediation Outcomes, Mediators’ Conduct, Practical Challenges for Mediators, Public Policy, Training

(Pel Mediation)/ /1 Comment

Yesterday night, sitting in the theatre and looking at a very sophisticated balance-act of two chinese dancers, I thought of a mediation session this week. I saw myself balancing while walking a tightrope between the parties in the room looking for possibilities if and how this tightrope walking could change into a red carpet welcome…

ADR, Arbitration, Commercial Mediation, Dispute Resolution, International Mediation, Mediation Institutions and Rules

(Esprit d’entente)/ /Leave a comment

On September 12, 2011, the International Chamber of Commerce (“ICC”) launched in Paris the new Rules of Arbitration that will enter into force on January 1, 2012 (the “New Rules”). These Arbitration Rules, whose last revision took place in 1998, were adopted by the ICC World Council in June 2011. On July 1, 2001 the…

Developing the Field, Family Mediation, General, Ireland, Lawyers, Lawyers and Psychologists, Legal Issues, Mediation Outcomes, Mediation Practice, Mediation Users/Clients, Practical Challenges for Mediators

(Sabine Walsh Mediation)/ /Leave a comment

I recently met an acquaintance of mine whom I have not seen for some time. He asked what I am doing, job wise. I replied that I am now doing mediation full time. “Oh,” he replied “do you do legal mediation or family mediation?” I smiled wearily and launched into my usual explanation of what…

Australia, Legal Practice, Legislation

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

Australia is passing legislation encouraging parties to most forms of civil disputes to take genuine steps to resolve their dispute prior to commencing litigation. The idea came from a report of NADRAC (National Alternative Dispute Resolution Advisory Council) of which I am the new Chair. NADRAC advises the Commonwealth Attorney-General and has been in existence…

ADR, Commercial Mediation, Due Process, Efficiency, Mediation Practice, Practical Challenges for Mediators

(Brick Court Chambers / Clifton Chambers)/ /2 Comments

We are in the midst of the Rugby World Cup 2011 down here in New Zealand – which may not mean much to those nations not playing the ‘great game’ but the tournament is the 3rd largest global sporting event after the FIFA World Cup and the Olympics so you can only imagine the impact…

Bias, Confidentiality, Confidentiality and Transparency, Costs in Mediation, Court Procedure and Litigation, Legal Issues, Legal Practice, Uncategorized

(Eleven Wentworth)/ /Leave a comment

1. Unlike the arbitral process where courts strive to distinguish between the concepts of a private process and a confidential process, the mediation process is indisputably and inherently confidential. But what happens if one party breaches this confidentiality during the mediation? In formal terms, can the act by one party in breach be treated as…

Apologies, Mediation Practice, War Stories

(Diane Levin LLC)/ /2 Comments

Plastered onto the rear fender of my next-door neighbor’s Honda is a bumper sticker that asks, “If you can’t change your mind, are you sure you still have one?” It’s a cheeky question perhaps, but nonetheless a relevant one. With an election year coming up in 2012, the American presidential campaign season is in full…

ADR, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Practice, National Mediation Laws, Public Policy

(Mediare)/ /Leave a comment

CNJ, the National Justice Council created on December 31st, 2004, and set up on June 14th, 2005 is an organization of the Brazilian Justice Department, with headquarters in the Federal District. It covers the whole national territory aiming at the coordination, administrative control and improvement of public services as far as Justice is concerned. Its…