Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Mediation Practice, Regulation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

The other day my friend and fellow mediator, Jill Howieson, was showing me pictures of gaps in buildings. Now, these are neither accidental gaps nor defects in buildings. Rather these gaps are very deliberate; they form an essential element of construction design. They are the famous architectural gaps of architect Carlo Scarpa. Scarpa was well-known…

ADR, Business, Commercial Mediation, Growth of the Field (Challenges, New Sectors, etc.), Particular Sectors (e.g. Construction, Banking, etc.), War Stories

(CMS)/ /Leave a comment

Patent wars are a perennial hot topic with not only IP experts being familiar with stories of well-known patent disputes. A classic example is perhaps the story of the Wright brothers, who received a patent for their method of flight control in 1906 and fiercely defended it for years afterward, by suing other aviators and…

ADR, Bias, Developing the Field, Ethics, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Lawyers and Psychologists, Mediation Practice

(University of Strathclyde)/ /7 Comments

Most mediators are pragmatists. This may not be our reputation, but in reality we wrestle daily with practical matters such as who will do what, when they will do it and how much it will cost. I once taught mediation to a group of therapists. Their ‘soft’ skills (this doesn’t mean easy) were fantastic, actively…

ADR Clauses, Arbitration, Combined Clauses, Conciliation, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Med-Arb Clauses, Mediation Agreement, Switzerland

(Esprit d’entente)/ /1 Comment

On May 16, 2011, the Swiss Supreme Court confirmed a previous ruling on the content and interpretation of a dispute resolution clause that provided for a conciliation attempt prior to resorting to arbitration (decision No. 4A_46/2011, X GmbH v. Y Sàrl, accessible here in French). The clause at stake was drafted as follows (free translation…

Australia, Evaluative Mediation, Mediation Practice, Mediators’ Conduct

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

When do mediators get to talk to one another? There are of course various conferences. They produce a lot of useful papers and discussions but time is short. Co-mediators get to talk a little but it is usually about the issue at hand. Even mediators who work in a mediation practice are off mediating and…

Confidentiality, Costs in Mediation, EU Mediation Directive, Ireland, Legislation, Mediation Practice, National Mediation Laws

(Sabine Walsh Mediation)/ /Leave a comment

One of the things I value most highly about my mediation practice is the trust that is put in me by the people with whom I work. The parties to a mediation will tell me about their hopes, wishes and fears within a conflict, and will trust me to keep these to myself. It is…

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

(Ministry of Justice, Government of the Republic of Slovenia)/ /Leave a comment

Disputes are like weddings or funerals: they require a serious resolution procedure. As such, mediation procedures have rapidly spread throughout the world. They travel without passport. The rapid evolution of mediation started as a court-annexed or connected procedure, and caused a revolution in the dispute system design of modern civil justice. A multi-door courthouse with…