ADR, ADR Agreements, ADR Clauses, Communication, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Act, Mediation Contract Clause, Mediation Reforms (Legislation, etc.), Online Dispute Resolution (ODR), UN and International Organizations, UNCITRAL, UNCITRAL Model Law, Understanding mediation

(Young Mediators’ Group)/ /Leave a comment
Young Mediators Initiative (YMI)

On 15 February 2016, the European platform for solving disputes arising out of online purchases (https://webgate.ec.europa.eu/odr)the ODR Platform, based on EU Regulation 524/2013 (the Regulation) was officially launched. The platform enables EU consumers and traders to settle their disputes by putting them in touch with the ADR providers selected by Member States. This platform is…

Russia

(Khazov, Kashkin & Partners Law Office) and (ArbDB Chambers, London)/ /Leave a comment

УмомРоссиюнепонять, Аршиномобщимнеизмерить. У нейособеннаястать, В Россиюможнотольковерить! Fyodor Tyutchev, Russian poet, 1803–1873 You will not grasp her with your mind Or cover with a common label, For Russia is one of a kind — Believe in her, if you are able… translated by Anatoly Liberman This well-known quatrain was written 150 years ago by Russian poet…

Conflict, crisis negotiatons, Cross-cultural, Developing the Field, Dispute Resolution, Fear, Interests, International Mediation, Middle East, peace negotiations, UN and International Organizations

(Core Solutions Group)/ /1 Comment

As I write this, I am looking across the Gulf of Aqaba at the Sinai Peninsula in Egypt, near the place where the Egyptian border abuts Israel, south of the Israeli Red Sea port of Eilat. This morning’s BBC news tells us that Israel is on alert for IS attacks in the Sinai. The accompanying…

ADR, cross-border mediation, Cross-cultural, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Online Dispute Resolution (ODR), Online Mediation, Singapore, UNCITRAL

/ /2 Comments

In this blog, I’ll follow up on Deborah Masucci’s overview, and in doing so I’ll offer a three observations about technology and one about a very non-technological aspect of mediation. First, on the technology: as those who were there will know only too well, and those who have followed at arm’s length will appreciate, the…

Uncategorized

(Singapore International Dispute Resolution Academy)/ /1 Comment

We would like to announce an opening for the position of Associate Editor for the Kluwer Mediation Blog (KMB). The Associate Editor will report directly to the editors Bill Marsh and Nadja Alexander, and work closely with the Kluwer team. The essential duties of the Associate Editor are (1) collecting, editing and reviewing guest submissions…

ADR, Global Pound Conference Series 2016-17

(International Mediation Institute)/ /Leave a comment

The first Global Pound Conference event was held in Singapore on March 17-18. Over 400 people participated in the event. Attendees came from all over the world including the U.S., Australia, New Zealand, Japan, China, Pakistan, Great Britain, Fiji, and more. Chief Justice Sundaresh Menon used his Opening Address[1] to outline changes in the economic…

Accreditation, ADR, ADR Agreements, Appointment of Mediators, Commercial Mediation, Conciliation, Confidentiality, cross-border mediation, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Outcomes, Mediation Reforms (Legislation, etc.), New York Convention, UN and International Organizations, UNCITRAL, UNCITRAL Model Law

(Bill Marsh Mediator)/ /8 Comments

Cogniscenti (and readers of Ema Vidak-Gojkovic’s blog The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) will know that talks are ongoing in an attempt to see if it is possible to find a common system for the direct enforceability of agreements concluded in mediation. This is a…

Court Procedure and Litigation, Developing the Field, Future of mediation, Ireland, Legal Issues, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws

(Sabine Walsh Mediation)/ /Leave a comment

Over the past months, indeed years, I have been blogging about Ireland’s proposed new regulatory regime for mediation contained in the draft Mediation Bill 2012. 2012 2016 It was stalled and delayed and, despite promises which started in the Programme for Government back in 2011, and were made as recently as last summer, has not…

Co-mediation, Communication, Creativity, Developing the Field, General, Improvisation, Skills, Training

(National University of Singapore, Faculty of Law)/ /1 Comment

I said in last month’s entry that that was going to be one of my occasional funky entries. Should I be concerned that for this month’s entry, I have decided to write on something equally funky? Bear with me, it’s clearly a stage I’m passing through. Either that, or my medication is wearing off! I…

Conventional wisdom, Creativity, Dispute Resolution, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Practical Challenges for Mediators, Scotland, Stages of mediation, Training, Uncategorized

(Core Solutions Group)/ /2 Comments

Three recent mediations in three jurisdictions raised some interesting issues.  Each mediation was different. One involved a claim for professional negligence against a firm of solicitors for (allegedly) incorrectly including an occupied building in the sale of a large piece of land. The sellers were unhappy that many years had elapsed since the transaction, a number of them passing while…