Developing the Field, Future of mediation, Mediation Practice, Promoting Mediation, Reflective practise, Research, Uncategorized

(Weiler ADR Inc.)/ /3 Comments

Michael Leathes in his recent  thought provoking post argues for the need for more “field-based” mediation research by which he means actual observations of the live action by skilled researchers.  He poses the questions: “Has the mediation world spent too long developing lab-based facts to suit its theories? Might it start to hone new theories…

Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Negotiation, Reflective Practice, Research

(Corporate counsel & author)/ /15 Comments

Early in Sir Arthur Conan Doyle’s 1891 short story A Scandal in Bohemia, Sherlock Holmes gives Watson a lecture on the difference between seeing and observing. To test how well Watson understood, Holmes hands him an unaddressed, undated, anonymous letter that had just arrived on the doormat. It announced that an unnamed visitor would shortly…

Clients, Developing the Field, Experience, International commercial mediation, mediation as a career, Reflective practise, The role of the mediator, Understanding mediation, Young Mediators

(Brick Court Chambers / Clifton Chambers)/ /2 Comments

As the global mediation community anxiously awaits the annual ICC mediation competition to be held in Paris next week, many students from universities around the world will be putting the finishing touches to newly acquired mediation skills and all-important competition strategies. For my part, coming to Paris as a member of the competition faculty is…

ADR, Arbitration, Developing the Field, Dispute Resolution, Future of mediation, International commercial mediation, International Law, International Mediation, Legal Issues, Legislation, Mediation Reforms (Legislation, etc.), Singapore, UNCITRAL

, (Singapore International Dispute Resolution Academy)/ /2 Comments

For dispute resolution practitioners familiar with the concept of the seat of arbitration, it may come as a surprise that the new UN Convention on International Settlement Agreement Resulting from Mediation does not include provisions in relation to the ‘seat’ of mediation. Why, you may ask? The Convention includes no provisions on ‘seat’ simply because…

Commercial Mediation, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Mandatory mediation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Turkey

(Resolve Mediators and Dispute Resolution Experts)/ /1 Comment

January is the time of the year when we all reflect on the past experiences and set goals for the unfolding new year. From a mediation perspective, 2018 marked major positive developments in Turkey. Turkish mediation practice is developing quickly through the implementation of mandatory mediation. Rafal Morek mentions in his blog post how mandatory…

Cognitive Bias, Communication, Cross-cultural, Dialogue, Language, Practical Challenges for Mediators

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

“Within a multicultural democracy, debate within our own groups and communities must always be balanced by constructive engagement with members of other groups and communities. Citizens of a multicultural democracy must learn how to speak and be heard across difference . . . “ Alison Jaggar, “Multicultural Democracy,” Jnl of Political Philosophy, 7, No. 3,…

Appointment of Mediators, Availability of Mediators, Europe, International Mediation

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

There is an old debate in mediation circles about the qualifications (formal and informal) that mediators need to mediate, and what specialist knowledge they are expected to have. In some countries, mediators are required to be qualified lawyers – so that the legislator has answered at least one of the questions in this old debate…

Uncategorized

(University of New South Wales)/ /2 Comments

We Australians love sport in general and cricket in particular. Unless you have been living in a cave, with no access to any media reporting whatsoever, you will know that the Australian cricket team is under a cloud. Saturday March 24th 2018 was the third day of the third cricket test between Australia and South…

ADR, Feedback, mediation as a career, Memory and Illusions, Negotiation, Preparation, Reflective practise, Training

(FORARB/Charles University)/ /Leave a comment

The old guy smiled. His old Corsican eyes showed some understanding…: “How much do you have?” -“I have a ten euro bill and we are leaving tomorrow…” – “OK, boy, deal…but no receipt, right?” Not understanding the shadow economy at the time, I accepted without knowing why is he not willing to give me a…

ADR, Brexit, Costs in Mediation, Court Procedure and Litigation, Europe, Future of mediation, Lawyers, Mandatory mediation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Online Mediation, Promoting Mediation, Reform

(CMS)/ /Leave a comment

While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The Civil Justice Council’s ADR working group has released its much anticipated final report on the use of ADR within the civil justice system…