cross-border mediation, Developing the Field, Enforcement, International Mediation, Legislation, Mediation Act, Singapore, Third Party Funding

(Centre for International Law, National University of Singapore)/ /Leave a comment

The Singapore Mediation Act entered into force on 1 November 2017. As noted in an earlier post by Joel Lee, it is the product of painstaking study since 2013 by the Ministry of Law’s International Commercial Mediation Working Group, the Chief Justice, mediators, counsel, consultants, students, funders, international practitioners and dispute resolution institutions including the…

General, Stories, Training

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

[Writer’s Note: The video in this post was filmed at the Singapore International Dispute Resolution Academy Symposium “Rethinking Diversity in Conflict” (16-17 October 2017). You will need to turn on your sound. Apologies for the less than perfect sound quality.] December is always a special time of the year for me. Christmas is around the…

Developing the Field, EU Directive on Mediation, EU Mediation Directive, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.)

(Sabine Walsh Mediation)/ /Leave a comment

One could be forgiven for assuming that the EU has bigger things to worry about these days than whether the EU Mediation Directive has had its desired impact, and therefore the most recent European Parliament Resolution on this area has passed under the radar – at least my radar – until now. Drawing on various…

Conflict, Creativity, Decision making, Dispute Resolution, Impasse, Negotiation

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

James Robertson’s novel ‘To be continued…’ introduces us to a character who goes by the name of Mungo Forth Mungo. Mungo is somewhat far fetched, not least because he is a talking toad. In this capacity he engages in many thoughtful and reflective conversations with the main character in the book – Murray Findhorn Elder…

ADR, ADR Clauses, Appointment of Mediators, Availability of Mediators, caucus, Clients, Commercial Mediation, Corporate Counsel's View, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Evaluative Mediation, Future of mediation, General, Global Pound Conference Series 2016-17, International commercial mediation, International Mediation, Joint Sessions, Lawyers, Legal Issues, Mediation Contract Clause, Mediation Lawyering, mediation process, Mediation Users/Clients, Promoting Mediation, Quality, Stages of mediation, Stories, Tips, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

This is the second in a short series of blogs interviewing regular users of mediation about what they really want from mediators and from mediation. We kicked off last month with Rebecca Clark. This month, I have the pleasure of interviewing Michael McIlwrath, who has been the head of litigation for GE Oil & Gas…

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

(Core Solutions Group)/ /Leave a comment

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

ADR, Arbitration, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Research

(Pepperdine University School of Law)/ /3 Comments

In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Recently, a series of day-long meetings styled as the Global Pound…

Developing the Field, General, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR)

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

This blog was written in response to several recent meetings with different audiences, which illustrated for me the diverse perceptions of and responses to the role of digital technologies across the practices of dispute resolution. On the one hand, I hear of a cautious judicial recognition that the courts need to develop (and develop soon)…

Commercial Mediation, Cross-cultural, Developing the Field, Future of mediation, International commercial mediation, Mediation Practice, Promoting Mediation

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

Over recent years the number of (mainly law) student mediation moots around the world has increased at a remarkable rate. In addition to well-known venues in Paris, Vienna, and Goa, I have heard of events in Bangalore, Bhopal, Chicago, Hanover, São Paulo, Sydney … and Hamburg. There will be more. This is a bug that…

ADR, Dispute Resolution, Promoting Mediation, Public Policy, Reform, Research, Ukraine

(Kyiv-Mohyla Academy, Ukraine )/ /Leave a comment

During the last twenty years, mediation has spread around the world with an amazing speed, resulting in what was called a ‘global ADR revolution’. Furthermore, mediation has become a conventional part of the court reform projects supported by international donor organizations within democracy aid programmes in developing and transitional countries all over the world. However,…