Enforcement, Enforcement of a Mediation Clause, mediated settlement agreement, Settlement Agreements, Singapore, Singapore Convention on Mediation

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

Since the signing of the Singapore Convention on Mediation in August this year, there has been an increased interest on the enforceability of settlement agreements, particularly those arising from mediation. The case of Law Chau Loon v Alphire Group Pte Ltd [2019] SGHC 275 from the Singapore High Court provides us with some general legal…

Mediation Reforms (Legislation, etc.), Policy, Uncategorized

(ADR Center Romania)/ /Leave a comment

This post was prepared by Christian Radu Chereji and Constantin Adi Gavrilă. There is one thing that strikes every researcher when confronted with EU/national legislation regarding mediation: when one reads the arguments of any piece of legislation, everything looks great. The powerful motives are formulated with excellent logic; but there is no follow-up, no monitoring…

General, Impasse, Skills, Trust

(National University of Singapore, Faculty of Law)/ /Leave a comment

It is trite that developing trust with parties and as between the parties is a vital part of the mediation process and what makes it work. This is of course easier said than done. I have previously written on trust in “Trusting Thoughts” (12 August 2012) and “More Reflections on Trust” (14 August 2015). I…

Below the line, Business, Causes of Conflict, Commercial Mediation, Conflict, Developing the Field, Economics, Mediation Practice, Practical Challenges for Mediators, Reflective Practice, Scotland, Uncategorized

(University of Strathclyde)/ /Leave a comment
money

Twice today I’ve found myself responding to mediator reflections in these terms: the money’s not about the money. Both cases involved financial negotiation, even haggling, but that’s deceptive. The key to settlement lay not in the realm of calculation and rationality but in the more opaque social world of face, punishment, justice and emotion. In…

Business, Cognitive Bias, Creativity, Economics, Efficiency, Environmental Mediation, Game Theory, Mediation and Society, Public Policy

(Core Solutions Group)/ /Leave a comment

If the natural resources of the planet and its capacity to cope with our waste are finite, is it reasonable for mediators to be encouraging people to search for positive sum solutions which can benefit all parties to a negotiation? If you can achieve a win-win in one case could it, on a global scale,…

Communication, Experience, Japan, Philosophy, Poetry

(NZ Centre for ICT Law & School of Law, Auckland University)/ /3 Comments

I had planned, indeed had partly written, the usual form of blog for this month. It was to be a further comment on access to dispute resolution and justice, picking up on Zbynek Loebl’s recent blog on developments in ODR, and my own recent participation in a Forum on digital inclusion, hosted by the Department…

ADR, Conflict, Dialogue, Dispute Resolution, Fear

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

People have very good reasons not to want to enter into dialogue with each other over conflict (with or without mediation). By this, I am not considering the rational choice that a dispute or conflict is “not suited” to mediation since the chances of a better outcome without amicable resolution are deemed higher. It is…

Conflict, Creativity, Developing the Field, Dispute Resolution, Reflective Practice

(University of New South Wales)/ /1 Comment

Holidays are a wonderful thing. Not only are they a great opportunity to step outside the obligations and scheduling of daily life, they open the space where the bigger picture lives. And so it was for me in my lovely apartment at the top of the cliff in Riomaggiore on the Cinque Terre in Italy….

ADR, Dispute Resolution, Online Dispute Resolution (ODR)

(PRK Partners Law Firm)/ /Leave a comment

Online mediators are increasingly in demand in the first online state courts. However, with the inevitable emergence of artificial intelligence-aided online courts, what will the future role of these mediators be? What is the difference between online dispute resolution (“ODR”) and state online courts? The short answer is none. Only a few years ago ODR…