ADR, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Lawyers, lawyers in mediation, Legal Issues, mediated settlement agreement, Mediation Practice, Reflective Practice, Set Aside a Mediated Agreement, Settlement Agreements, Singapore, Uncategorized

, (Singapore International Dispute Resolution Academy)/ /4 Comments

Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…

ADR, Developing the Field, Europe, Legislation, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Reform

(Meidanis Seremetakis & Associates)/ /2 Comments

It was only on the 31st of May when I published a blog on the new Greek mediation law. Just a few months later a part II, or rather a sequel, seems necessary. As discussed in my first blog on the matter, compulsory mediation was recently enacted in Greece by the new mediation law in…

ADR, Dispute Resolution, Mediation Practice, mediation process, Personal Development, Success in mediation

(Weiler ADR Inc.)/ /Leave a comment

You’re mediating an insurance matter. The angry and cynical male plaintiff wails, “They’re insulting me with this offer! But, what else should I expect from a f*****g insurance company!?” The “seen it all before” plaintiff’s lawyer wearily closes her laptop. “That’s it!”, she says. “We’re outta here unless you go back and get us a…

Causes of Conflict, Communication, Dialogue, Economics, Governments/Public Sector, Mediation and Society, Negotiation, United States

(Core Solutions Group)/ /Leave a comment

When I first started getting seriously interested in mediation over ten years ago, the thought struck me that ‘Shades of Grey’ might be a good name for an organisation involved in this field. Thankfully, given a subsequent publication and film, I didn’t pursue it any further – although if I’d registered the domain name it…

ADR, China, Co-mediation, Commercial Mediation, cross-border mediation, Developing the Field, Italy, Mediation Practice

(The Italy China Business Mediation Centre)/ /Leave a comment

A recent experience as co-mediator for the Italy China Business Mediation Centre  (a mediation centre jointly run by the Milan Chamber of Arbitration and CCPIT Mediation Centre) with a CCPIT (The China Council for the Promotion of International Trade) mediator from China in a commercial dispute between a Chinese company and an Italian company, has…

Developing the Field, Mediation Practice, Mediators’ Conduct, Personal Development, Reflective Practice, Scotland, Success in mediation, The role of the mediator, Transformation

(Core Solutions Group)/ /3 Comments

“The last great act of a courageous leader is to let go,” I suggested to the CEO as he pondered whether this was in fact a good time to step down. He had many reasons not to leave. He attributed these to other people’s needs for a good transition, giving him a decent send-off, planning…

Argument, Communication, Decision making, Dialogue, General, mediation models, mediation process

/ /Leave a comment

“I hold to the idea that civility, understood as the willingness to engage in public discourse, is the first virtue of citizens.” Mark Kingwell, The World We Want: Restoring Citizenship in a Fractured Age, [Rowman & Littlefield, 2000] A recent email from a US-based group that specialises in facilitating public dialogues in difficult cases noted…

Creativity, Decision making, Germany, Governments/Public Sector, mediation process

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

Mediation can be seen as a tool that facilitates better decision-making, particularly in disputes, but not only. The simple tools are focusing on interests, looking for common ground and mutual understanding, creating options that might satisfy many interests, and then weighing up those options to reach a decision. These tools are very simple in theory,…

ADR, Appointment of Mediators, Bias, Decision making, Disclosure, Due Process, Ethics, Mediation Practice, Mentoring, Neutrality, Stories, Trust

(FORARB/Charles University)/ /4 Comments

In one of my recent cases, the question of impartiality appeared in quite an irregular way. It happened when I entered the mediation room where both parties were seated together with their lawyers. They were drinking coffee and making small talk. To my surprise, one of the lawyers looked quite familiar. Just for a moment,…