ADR, Community Mediation, Developing the Field, Dispute Resolution, Future of mediation, Promoting Mediation, Public Policy, Reform, Research, Technology

(University of New South Wales)/ /2 Comments
Australia, Research

National Mediation Conferences are important events. Apart from the great opportunities to network with fellow professionals there is the really important opportunity to see the intersection of research and practice at work. Last month’s Australia’s National Mediation Conference did not disappoint. For me the highlight was becoming acquainted with a bold Australian initiative sponsored by…

ADR, Decision making, Efficiency, Feedback, Future of mediation, General, Mediation as a business, mediation as a career, Mediation Outcomes, Mediation Practice, Mentoring, Mistakes, Social intelligence, Tips

(FORARB/Charles University)/ /Leave a comment

“The pessimist sees difficulty in every opportunity. The optimist sees the opportunity in every difficulty.” – Winston Churchill Improving Habit of Thinking The popular quote attributed to the former British prime minister is easily adaptable to mediation. The optimistic mediator considers the mediated settlement probable and helps the parties by spreading the friendly and promising…

ADR, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Promoting Mediation, Research, Understanding mediation

(Corporate counsel & author)/ /5 Comments

My February 4, 2019 post What if Mediation Science Originated in the Real World? sparked much useful comment. Many people said they regretted the deficiency of negotiation and mediation field research, but were dismayed that I offered no proposals for fixing it. How, they asked, do you generate large-scale, real-life negotiation data? So, may I…

ADR, Developing the Field, Dispute Resolution, Future of mediation, Georgia, Legislation, Mediation Act, Mediation Practice, National Mediation Laws, Regulation

(Resolve / New Vision University)/ /2 Comments

“Courts should be the alternative!” – is the slogan coined by the Minister of Justice of Georgia voicing the Government of Georgia’s will to promote the use of out-of-court mechanisms of dispute resolution. And this is not only for domestic disputes. The Government has declared its will to promote Georgia as a regional center for…

ADR, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Litigation, Mediation and Society, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Practical Challenges for Mediators, Scotland, Stories, Uncategorized, Understanding mediation

(University of Strathclyde)/ /1 Comment
Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

ADR, Brazil, Co-mediation, Commercial Mediation, Dispute Resolution, lawyers in mediation, Young Mediators

(Mediar360 - Dispute Resolution ) and (Attorney at Law (New York Bar))/ /Leave a comment

Last month, we had the presence of Ahdieh (Ati) Alipour Herisi in Brazil as a judge for the occasion of the CPR International Mediation Competition . Ati is a young, enthusiastic and brilliant lawyer and mediator who was born in Iran and lived, studied and worked in many different places such as Los Angeles, New…

Commercial Mediation, mediation process, Public Policy, Settlement Agreements, Uncategorized

(Weiler ADR Inc.)/ /3 Comments

Does the currently predominant model of commercial mediation – a single session of 3 or 6 hours – support good decision-making by litigants? Some doubt is cast by recent Canadian scholarship dealing with the psychological costs of litigation. In their 2017 paper, Anticipating and Managing the Psychological Costs of Civil Litigation, authors Michaela Keet, Heather…

Argument, Below the line, Clients, Commercial Mediation, Dialogue, Experts, Fear, General, Joint Sessions, Lawyers, lawyers in mediation, Legal Issues, Litigation, Mediation Lawyering, mediation process, Preparation, Tactics

(Bill Marsh Mediator)/ /4 Comments

This is the first in a short series of how parties and advisers can best deploy the “assets” at their disposal in a mediation. Naturally, it is written from my perspective as a mediator, and so I recognise that it may look different when you are representing one side in a mediation, rather than in…

Azerbaijan, Developing the Field, Dispute Resolution, Future of mediation, Legislation, Mediation Act, National Mediation Laws, Opt-Out, Regulation

(ArbMe Dispute Resolution)/ /Leave a comment

Azerbaijan adopted the Law on Mediation on March 29, 2019. The Law is based on the principles of UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation and different CEPEJ guidelines on mediation. In addition, the Law follows the so-called opt-out mediation model (hereinafter “Opt-Out Mediation Model”), by requiring attendance…

ADR, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Singapore

, , (Singapore International Dispute Resolution Academy)/ /1 Comment

Whether we are talking about arbitration, mediation or litigation, it seems that international dispute resolution systems are evolving rapidly. Think of the recent emergence of international commercial courts in ascendant global cities like Dubai and Singapore, the new UNCITRAL spotlight on reforming of investment arbitration, the United Nation’s adoption of the Singapore Convention on Mediation…