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…

General, Humorous Pieces, Mediation Practice

(Aina Blankson LP)/ /Leave a comment

I want to debunk two myths about mediation. One, it need not always involve a neutral third party and second, mediation should not just be an institutionalised service or enshrined within law and business school curriculum, it should be a way of life and the first thinking in everyday living; a philosophy that shapes everyone’s…

General, International Mediation, Mediators’ Conduct, War Stories

(Weiler ADR Inc.)/ /Leave a comment

As this is my first post to the new Kluwer Mediation Blog I thought it appropriate to take a moment to introduce myself and provide a brief summary of my background and experience.  My intent is that this will assist the reader (clients, lawyers, other mediators, academics, students and innocent bystanders who have chanced upon…