Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International Law, Investor-state mediation, Promoting Mediation, Singapore Convention on Mediation

(Georgetown University Law Center)/ /Leave a comment

“Does the United Nations Convention on International Settlement Agreements Resulting from Mediation (“Singapore Convention”) apply to investor-state disputes?” This intriguing question was deliberated recently at George Washington University Law School by a star-studded panel comprising of the Hon’ble Judge Charles N. Brower (Twenty Essex Street Chambers, London), Ms. Frauke Nitschke (Legal Counsel, ICSID) and Mr….

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(Centre for Commercial Law Studies, Queen Mary University of London), (Bill Marsh Mediator), and (Singapore International Dispute Resolution Academy)/ /Leave a comment

We would like to announce an opening for the position of Assistant Editor for the Kluwer Mediation Blog. The Assistant Editor will report directly to the editors, Bill Marsh and Nadja Alexander, and will work closely with the Kluwer team. The essential duties of the Assistant Editor are: (1) reviewing and editing proposed posts; (2)…

Dispute Resolution, Japan, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Reflective Practice, Scotland, Stories, The role of the mediator, Time Pressure, Uncategorized

(Core Solutions Group)/ /Leave a comment

“You’ve done what?” It took just a moment. The red mist descended. The words were out before I could haul them back in. “You’ve just gone behind my back and undermined what I set out, and we had agreed, we would do….you might at least have had the courtesy…..” The lawyer had just told me…

Dispute Resolution, Future of mediation, Middle East, National Mediation Laws, Policy, Promoting Mediation, Regulation, Singapore Convention on Mediation, Standards

, (Al Tamimi & Company)/ /Leave a comment

The United Nations Convention on International Settlement Agreements Resulting from Mediation, known as the Singapore Convention on Mediation (the “Singapore Convention”), was opened for signature on 7 August 2019. The Singapore Convention, hailed as the “missing piece” in the international dispute resolution enforcement framework, establishes a framework for the cross-border recognition and enforcement of settlement…

Brexit, Communication, Dialogue, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Neuroscience, Reflective Practice

(NZ Centre for ICT Law & School of Law, Auckland University)/ /4 Comments

Many years ago, a group of friends were driving in the south of England in a rental car and, in need of directions (pre-Google maps and GPS), we pulled over to the side of the road to ask a gentleman the way. I leapt out, approached him and asked for the directions, to which he…

Apology, Community Mediation, Conflict, Developing the Field, Dialogue, Fear, Mediation and Society, Promoting Mediation, Understanding mediation

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

Mediators should speak up confidently for mediation. In this post I will consider some reasons why this might be difficult, and others why it is so necessary. It is not only that mediation is not sufficiently known. It can also be intimidating, and it is our job to explain it. Shortly after I had finished…

ADR, Commercial Mediation, Communication, Creativity, Dispute Resolution, Experience, Interests, lawyers in mediation, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Negotiation, Practical Challenges for Mediators, Stages of mediation, Success in mediation, The role of the mediator

(Strategic Resolution)/ /1 Comment

Photo credit: Creative Commons Jean M.Mas 2/2007 Although my mediation training made no mention of it, 32 years of mediating have taught me that mediations generally unfold over two stages: Stage 1: “Who Did What to Whom”? Here parties (or their lawyers) follow the ritual of naming, blaming and claiming – recounting facts, providing evidence…

Cognitive Bias, Creativity, Decision making, Efficiency, History of mediation, Mistakes, Philosophy, Planning, Practical Challenges for Mediators, Reflective Practice, Settlement Agreements, Stories, The role of the mediator, Understanding mediation, War Stories

(FORARB/Charles University)/ /Leave a comment

At a certain point, when another offer was denied, one of the managers showed a real disappointment with the hard negotiation approach presented by the other party: “You know what?! I lost my patience. I will not sit here any further… I will ask my lawyer to finish the formalities and let’s see each other…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Investor-state mediation, Mediation Practice

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

I have recently been approached to enrol myself in an investor-state mediation training programme and also to speak at one of the sessions. That triggers off my deeper thoughts on the topic of investor-state mediation and related issues. This blog is an attempt to share my thoughts so that fellow mediation practitioners may consider whether…