ADR, Developing the Field, General, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, lawyers in mediation, Online Dispute Resolution (ODR), Practical Challenges for Mediators, Stages of mediation

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

My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track back over a number of entries in which matters of process are discussed, it seems typically assumed that counsel are…

Developing the Field, Personal Development, Training, Workplace Mediation

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

Often in the field of mediation we hear complaints about there being too many mediators, too much training and not enough mediation. While I can understand the frustration about the size of the mediation market, I see great benefits in mediation training for people whose aim is not to become mediators and make a living…

ADR, Dispute Resolution, Domestic Courts, Mandatory mediation, National Mediation Laws, Promoting Mediation, Research, Surveys

(Strategic Resolution)/ /2 Comments

In Australia we have long experience of compulsory mediation prior to litigation in cases where a presumed power imbalance exists – such as retail tenancy and farm debt disputes. However, compulsory mediation by order of a court has been a controversial topic, particularly amongst judges, most of whom do not have actual mediation experience and…

ADR, Developing the Field, Dispute Resolution, Negotiation

(Corporate counsel & author)/ /Leave a comment

While working on the manuscript for a book published last year (Negotiation: Things Corporate Counsel need to know but were not taught – Wolters Kluwer, 2017), I submitted a draft to an eclectic peer group from all around the world to gauge whether I was on the right track. The group comprised corporate counsel, business…

Communication, Electronic Sports, Framing, Instinct, Patience, Planning, Preparation, Skills, Tactics, Technology, Young Mediators

(Singapore International Mediation Institute)/ /Leave a comment
Young Mediators Initiative (YMI)

Today I want to talk about why mediators should care about EVO Moment #37. For those of you new to the eSports (“electronic sports”) scene, there is an annual tournament, the Evolution Championship Series (“EVO”), that focuses exclusively on fighting games. Such games typically have players battle each other with unique characters, with the first…

Commercial Mediation, Dispute Resolution Clause, Legislation, Mediation Practice

(ADR Center Romania)/ /Leave a comment

A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by their representatives.; (2) If it is not possible to resolve disputes amicably, the parties will address the competent courts of law.”. The language of the…

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…

Decision making, Economics, Game Theory, Mediation Practice, mediation process, Negotiation

(Core Solutions Group)/ /2 Comments

One way of describing mediation is as a process that seeks to convert what is apparently a zero or negative sum game into a positive-sum game. This is to use the language of game theory, which analyses strategies that rational players take to secure the best outcomes in interactive, interdependent ‘games’; where the outcome for…

Appointment of Mediators, Caucus, Commercial Mediation, Deal Mediation, Economics, Ethics, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Improvisation, Joint Sessions, lawyers in mediation, Legal Practice, Mediation Practice, Philosophy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Quality, Reflective practise

(Weiler ADR Inc.)/ /9 Comments

Troubling trends observed as an Ontario commercial mediator compel me to once again take up my chiclet-keyed sabre. That the following are indeed trends in commercial mediation in Ontario is unsupported by any reliable data – because no one keeps track. No one records. It’s all anecdotal. Still, I’m now closing in on 30 years…

Commercial Mediation, lawyers in mediation, Litigation, Mediation Lawyering, Mediation Practice, mediation process

(Brick Court Chambers / Clifton Chambers)/ /9 Comments

As mediators, we spend much of our time contrasting mediation with, and distancing ourselves from, litigation. Before your eyes glaze over, that is not for this post. Instead, this post draws out one of the many similarities between mediation and litigation, especially when mediating a litigated case. Mediation has, some would say unfortunately, become a more…