In March 2014, Sabine Walsh blogged here on the proposed regulation for mediator certification in Germany. This has finally been published by the German Ministry of Justice, on 21 August 2016. The regulation will come into force on 1 September 2017. It was first promised in Germany’s mediation law in 2012, itself made necessary by…
Change, transformation, and peace. These are some of the words that the participants of the project “Mediation: a new tool for dealing with conflicts In Youth Work” stated when we asked them to define their experience during that week. “Mediation: a new tool for dealing with conflicts In Youth Work” was a combined Training Course…
“…the mounting global hubbub surrounding mediation, and highly varied perceptions regarding the nature and value of mediation, underscore the need for thoughtful conversation and deliberate reflection on present trends and tendencies. The failure to periodically step back and take stock of where we are and where we are going increases the likelihood of behavioural ‘drift’…
If you have been following this four-part series, you will be aware that Nadja Alexander, Anna Howard and I have been reflecting on a very current subject for the dispute resolution community: the enforceability of international commercial settlement agreements resulting from mediation. This week, the UNCITRAL Working Group II on arbitration and conciliation has been…
The 65th session of the UNCITRAL Working Group II on arbitration and conciliation in Vienna has commenced. Many mediators have been keenly monitoring the Working Group’s deliberations and discussions concerning the enforcement of international commercial settlement agreements resulting from conciliations (iMSAs). An unresolved but crucial question is the exact form that the final instrument should take….
As the 65th session of the UNCITRAL Working Group II on arbitration and conciliation nears, it seems timely to reflect on the issues likely to be discussed and debated in Vienna this week. In this post, I focus on the legitimacy of a proposed multilateral convention on the recognition and enforceability of international mediated settlement…
Many thanks to everyone who took part in the Kluwer Mediation Blog’s inaugural summer quiz. We are delighted to announce that the winner is Dr Despina Chatzimanoli, an accredited mediator and Legal Expert at the European Banking Authority in London. Congratulations Despina. The coveted prize is a copy of the very recently published Essays on Mediation,…
The more I got involved in the practice of mediation I developed my understanding about why people may be interested to use mediation. It seemed to me initially that mediation is mostly about resolution of conflict, ideally in a way that would not only resolve the issues, but would also address the causes and improve…
A year and one month ago Sabine Walsh posted on this blog her report on the first Mediation Awareness Week in Ireland. The MAW has in fact a much longer history; for example, in Southern California it has already been in existence for 12 years. However, in some countries, including Argentina and the UK, local…
A few months ago I painted a not-terribly-flattering picture of Scottish justice as experienced by small claimants – (Oiling the Wheels of the Justice System). Seen through the eyes of a mediator (and ex-lawyer) the language, practices and architecture seem calculated to confuse those most in need of assistance and clarity like unrepresented parties and…
