Developing the Field, Experience, Instinct, Intuition, mediation models, Mediation Practice, mediation process, mediation traditions, Neutrality, Practical Challenges for Mediators, Scotland, Stages of mediation, The role of the mediator, Uncategorized, Understanding mediation

(University of Strathclyde)/ /2 Comments

I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or understanding. After some probing I learned that many new mediators recognise the problem but believe the model they were taught prohibits them…

ADR, Brazil, General, Technology

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /1 Comment

The Brazilian Mediation Act (Law 13140/2015) establishes that “the object of mediation may be a dispute over “disposable” (transferable or waivable) rights or non-disposable, non-waivable rights which are able to be negotiated” (art. 3). In this sense, we wonder if mediation will be available to all the new conflicts that will emerge from the new…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, Future of mediation, International Law, International Mediation, Investor-state mediation, Promoting Mediation, Research

(University of Sydney Law School)/ /2 Comments

In recent years, mediation has been actively discussed for the investor-state dispute settlement (ISDS) regime, particularly as a means of reducing costs and delays. This interest is one reaction to growing discontent about the option of investor-state arbitration (ISA) typically offered by host states in international investment treaties, to make substantive commitments (like non-discrimination) more…

ADR, Dispute Resolution, Future of mediation, Mediation Practice, mediation process, Planning, Reform, Stages of mediation, Time Pressure

(University of Missouri Center for the Study of Dispute Resolution)/ /3 Comments

The deeply-felt norm of conducting mediation on a single day is eroding as everyone adjusts to the realities of the coronavirus crisis and people appreciate the benefits of spreading out the process over time. This post describes the evolution around the world to what I have called “planned early multi-stage mediation.” One-Day Mediations For many…

Dispute Resolution, Future of mediation, Mediation Practice, Mediation Reforms (Legislation, etc.)

(Strategic Resolution)/ /2 Comments

Looking back to my lunch on a balcony overlooking the Thames in 2006, I am struck by how far dispute resolution has developed since our host, Michael Leathes, asked: “how, if we could, might we improve the dispute resolution world”? In my opinion Michael’s contribution to that development has been as significant as that of…

ADR, Corporate Counsel's View, Costs in Mediation, cross-border mediation, Developing the Field, Experience, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Online Mediation, Research, SIDRA Survey, Singapore, Surveys, Technology

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

This is the final part of a series of posts on The Singapore International Dispute Resolution Academy’s (‘SIDRA’) recently released International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’). The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international…

Creativity, Developing the Field, General, Peer Coaching, Training, Young Mediators

(National University of Singapore, Faculty of Law)/ /1 Comment

I have in previous entries (July 2012 and July 2013) written about a peer mediation initiative called the Peacemakers Conference. The purpose of the Peacemakers Conference is to teach 13-16 year olds how to resolve conflicts amicably in a workshop cum competition format. This year’s Peacemakers Conference was held from 20 to 22 July 2020….

Business, Cooperation, COVID-19, Dialogue, Economics, Mediation and Society, Public Policy

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

“in the wreckage left behind by the coronavirus pandemic, a new era is beginning. What does it hold?….What is clear is that the old economic paradigm is looking tired. One way or another, change is coming.” The Economist This quote relates to the way in which economies are managed at a macro level – where the…

CEPA, eBRAM, Hong Kong, IDAR Office, Investor-State dispute settlement, Legal Hub, Mediation, Mediation wisdom

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

In the alternative dispute resolution arena, mediation plays a prominent role in resolving disputes in all scales globally. Hong Kong is a mediation hub in the region and one would be interested to see what Hong Kong is offering and what it will offer to the development of mediation. To share with us how mediation…

Commercial Mediation, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, International Mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Users/Clients, SIDRA Survey, Singapore, Singapore Convention on Mediation, Surveys, Understanding mediation, user perspectives

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

This is part 2 of a 3 part blog series highlighting select findsings from the SIDRA Survey 2020. To read Part 1, click here. The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international commercial dispute resolution. Through an examination…