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,…
Writer’s note: I was interviewed by the Singapore International Dispute Resolution Academy (SIDRA) for my perspectives on Dispute Resolution. This was published as a blog entry on 2 October 2017 on the SIDRA website. For my entry this month, I would like to reproduce that interview here. I would like to thank SIDRA for giving…
Artificial Intelligence (AI) is unquestionable one of the hottest topics at the moment. At the 2017 International Bar Association Annual Congress, that has just ended in Australia, one of the most recurrent and discussed question was: Will Artificial Intelligence ever be able to replace lawyers or the Law practice as we currently know ? Before…
Finally, after many twists and turns, lobbying, and a not insignificant amount of blogging on my part, Ireland’s new Mediation Act, 2017 was signed into law by the President on 2nd October 2017. For those unfamiliar with my rantings and ravings (other than the learned discussions of my colleagues) over the years, a little background:…
Like all businesses, mediation ultimately depends upon (and needs to reflect) what the users want from it. That doesn’t of course mean that theirs in the only relevant perspective – mediators also have views on what the process can and should offer. But at the very least it’s a vital part of the equation (I…
So much to blog about this month. We had a really great time in Edinburgh with Ken Cloke recently. Ken kindly agreed to be our first Patron for Collaborative Scotland. We held an event in the Scottish Parliament for leaders of civic Scotland and a number of members of the Scottish Parliament, many of whom,…
Readers might have seen media reports that New Zealand has a new government. In New Zealand this is a slightly delayed conclusion to the general election at the end of September, the delay being the result of our proportional representation system, which left neither of the two major parties, Labour and National, with a sufficient…
Mediation can sometimes be a lonely business – in one very specific way: when there is no or little qualified feedback and shared reflection. When I teach and train, I always get some feedback and often I get very precise feedback, and sometimes very warm and encouraging feedback. When I mediate disputes or moderate strategy…
Shortly after the neighbourhood mediation started, one of the parties turned to me her eyes flashed with anger: “Everything that he is telling is false, do not listen to him…” The other party got het up: “Indeed, Mr. mediator, everything I have ever said was a lie…Do not listen to me…” Without even knowing this,…
1. Introduction Although private commercial mediation has been offered in Vietnam for around ten years,[1] Some arbitration centres in Vietnam introduced and offered private commercial mediation since 2007 the Vietnamese Government’s enactment of Decree 22/2017/NĐ-CP on 24 February 2017 on Commercial Mediation (hereinafter Decree 22) has been significantly meaningful. Firstly, the Decree 22 has steadily…
