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…

Communication, General, Skills

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

This entry is an ongoing series focused on using Neuro-Linguistic Programming in our practice of amicable dispute resolution. For ease of reference and the convenience of readers, I will list in this and subsequent entries the series and links to it. 1. A Neuro-Linguist’s Toolbox – A Starting Point and Building Rapport 2. A Neuro-Linguist’s…

Co-mediation, Experience, Skills, Young Mediators

(University of Strathclyde)/ /13 Comments
Young Mediators Initiative (YMI)

It was a phrase I’d imagined silently echoing in the minds of parties, co-mediators and solicitors, but this was the only time I had heard it vocalized. It was uttered during one of my first coordinator roles in the civil courts of Scotland, where my role was to inform and promote the services of the…

Brazil, Communication, Email, Language, Leaders, Negotiation, Non-violent communication, Online Mediation, Skills, Social intelligence, Social Media, Technology, Trust

(Mediar360 - Dispute Resolution )/ /Leave a comment

On first of January 2019, Jair Bolsonaro became Brazil’s 38th President. After years of economic, political and even a social crisis in Brazil, the right wing politician has the mission of unifying the country after the most polarized elections in our history. Similarly to what is happening in other parts of the world, the new…

Commercial Mediation, Confidentiality, Confidentiality and Transparency, Creativity, Disclosure, Efficiency, Improvisation, Interests, lawyers in mediation, Mediation Agreement, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Practical Challenges for Mediators, Reflective Practice, Stages of mediation, The role of the mediator, Uncategorized

(Core Solutions Group)/ /1 Comment

The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…

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

I was outside a city-centre store in the drizzle and dark two days ago, wondering whether my brain was made for better things than standing reflecting on waiting for my wife to emerge from a busy shop with another last-minute Christmas present. The human brain is a wondrous thing; we waste its powers in the…

ADR, Dispute Resolution, Domestic Courts, Legal Issues, Mediation Practice, Mediator liability, National Mediation Laws

(Strategic Resolution)/ /Leave a comment
[Picture credit: creative commons]

[Picture credit: creative commons] Court cases not only determine issues between litigating parties, they provide guidance for others facing similar situations. For mediators and for disputants alike, they can help us identify and avoid difficulties we might not have previously contemplated. Here’s one example In Robert Samuel McCosh v David A R Williams [2003] NZCA 192,…

Communication, Dialogue, Dispute Resolution, Instinct, Mediation Practice, Reflective Practice, Skills

(Centre for Commercial Law Studies, Queen Mary University of London)/ /7 Comments

“As they sometimes say around Kyoto, ‘Don’t just do something. Sit there.’” The Art of Stillness, Pico Iyer Recently I had the good fortune of watching fellow blogger, John Sturrock QC, mediate. In the days which have followed, I’ve been reflecting on what I learnt from observing the mediation. What helped the parties in this…