Co-mediation, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), mediation as a career

(Serle Court)/ /1 Comment

In 2017 we find that the mediation market is lumpy. There is a relatively small pool of mediators, including the founding fathers and mothers of mediation, who firmly established credibility and respect for the discipline, who have honed their craft over the years and who are now the “go to” individuals for probably the majority…

ADR, Commercial Mediation, Confidentiality, Court Procedure and Litigation, cross-border mediation, Developing the Field, Enforcement of a Mediation Clause, harmonisation of mediation law, Hong Kong, International commercial mediation, International Courts, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Act, Mediation Reforms (Legislation, etc.), Quality, Reform, Regulation, Singapore, Third Party Funding

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation. In 2017 Singapore offers international parties a full suite of dispute resolution services for commercial cross-border disputes. The Singapore International Arbitration Centre (SIAC) is well-established, having been founded in 1991, and Singapore…

Commercial Mediation, Confidentiality, Developing the Field, Enforcement, Enforcement of a Mediation Clause, Legislation, mediated settlement agreement, Mediation Act, Mediation Agreement, Mediation Institutions and Rules, Mediation Reforms (Legislation, etc.), National Mediation Laws, Promoting Mediation, Settlement Agreements, Singapore

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

In November 2013, the Ministry of Law Working Group on International Commercial Mediation delivered its report on developing international commercial mediation in Singapore. Amongst the key recommendations in this report were the creation of a mediation service provider for international matters (the Singapore International Mediation Centre), the creation of a mediation accreditation body (the Singapore…

Lawyers, Mediation Practice, mediation process, Partnership disputes

(Keystone Law)/ /Leave a comment

“Whilst I am grateful to counsel and solicitors for their presentation and assistance in this matter, the legal battles raging between these two brothers are unedifying, unpleasant and exceptionally wasteful. They must obviously be inflicting pain and harm on others, as well as themselves. I urge them on both sides, with the assistance of their…

Confidentiality, Costs in Mediation, Court Procedure and Litigation, Ireland, Mediation Practice, National Mediation Laws, Practical Challenges for Mediators, Regulation

(Sabine Walsh Mediation)/ /2 Comments

* The views expressed here are entirely my own! Nine years after its conception by the Law Reform Commission, a draft Mediation Law, the Mediation Bill 2017, was officially presented to the Irish parliament by the Minister for Justice this week and the debate on its provisions was thereby initiated. Rafal Morek has outlined what…

Brazil, Future of mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Promoting Mediation, Reform, Regulation, South America

( FGV Projetos)/ /2 Comments

When building the Brazilian capital, Brasilia, in the fifties, Juscelino Kubitschek’s expression “50 years in 5” became famous. He was referring to the country’s expected development. Maybe a sort of analogy – ten years in one – could be used to describe the recent developments in alternative dispute resolution in Brazil. If compared to other…

Appointment of Mediators, Below the line, Bias, Clients, Future of mediation, General, Instinct, Intuition, Lawyers and Psychologists, Mediation Outcomes, Mediation Practice, mediation process, Mediation Users/Clients, Mediators’ Conduct, Perception, Philosophy, Quality, Standards, Success in mediation

(Bill Marsh Mediator)/ /Leave a comment

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a settlement? Occasionally, no offers even made? And as you do so, perhaps you find that your thoughts veer from:…

Game Theory, History of mediation, mediation as a career, mediation models, Mediation Practice, mediation process, Mediators’ Conduct, Perception, Philosophy, Practical Challenges for Mediators, Promoting Mediation, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

“Doubt is not a pleasant condition but certainty is an absurd one.” These words of Voltaire are as apt today as they were when he wrote them in the 18th century. I don’t know about you but this year seems to be a curious mixture where some people purport to deal in apparent certainties, which…

Communication, Conventional wisdom, Developing the Field, General, mediation process, Online Dispute Resolution (ODR)

/ /Leave a comment

This is not a blog about the novel and films that might have captured the “grey” zone in public imagination. Rather, it’s about uncertainty, both within and about mediation. These notes also owe much to conversations with mediation colleagues at the ICC’s mediation competition in Paris in early February, over coffees and the occasional glass…