Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Perception, Reform, Understanding mediation

(Sabine Walsh Mediation)/ /1 Comment

Mediation Awareness Week in Ireland! 19th -23rd October 2015 In most jurisdictions, when people find themselves dispute, they think “I’ll phone my lawyer”. This is certainly the case in Ireland. When faced with marriage breakdown, a breach of contract, an employment issue, the default port of call is still legal proceedings, and people make an…

Australia, Commercial Mediation, Domestic Courts, Governments/Public Sector, Judges as mediators, Jurisdiction, Mediation Institutions and Rules, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.)

(Brick Court Chambers / Clifton Chambers)/ /3 Comments

Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…

Developing the Field, Future of mediation, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Policy, Public Policy, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

In recent weeks, I have had the privilege of mediating and facilitating in different matters with representatives of four governments . On one occasion they were on the same “side”; on another, notionally on different sides. A common theme to emerge was the needs and behaviours of political masters who were not present. The representatives…

ADR, Argentina, EU Directive on Mediation, Future of mediation, History of mediation, mediation traditions

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This question emerges from a recent three-way Skype conversation with a couple of mediation colleagues, in anticipation of a US-sponsored conference on ADR, to be held in Brazil later this year. As it transpired, the predominant interest of the conference was and is on arbitration rather than mediation, so that conversation has taken a longer…

ADR, Bias, Cognitive Bias, Costs in Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Domestic Courts, Europe, Growth of the Field (Challenges, New Sectors, etc.), Jurisdiction, Lawyers, Legislation, Litigation, mediation as a career, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Reform, Scotland, Uncategorized, user perspectives

(University of Strathclyde)/ /Leave a comment

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…

Causes of Conflict, Clients, Conflict, Family Mediation, Interests, mediation models, Mediation Practice, Mediation Users/Clients, Understanding mediation

(Sabine Walsh Mediation)/ /Leave a comment

Catching up on a few episodes of Game of Thrones recently, I was enjoying the string-pulling, manipulation and orchestration being engaged in by almost everyone in the fictional world of Westeros. None of the rulers really make their own decisions, all are influenced and steered by others who all have their own agendas. Some do…

ADR, Business, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, France, Reform, Regulation, Young Mediators

(ICC International Court of Arbitration)/ /Leave a comment
Young Mediators Initiative (YMI)

At long last, on 20 August 2015, the French Government transposed a 2013 EU directive regulating mediation for consumer disputes. This new piece of legislation, which aims at increasing the use of mediation in sales and service consumer contracts, could create new business opportunities for mediators. The big picture : the idea behind the Directive…

cross-border mediation, mediated settlement agreement, New York Convention, UNCITRAL

(Al Tamimi & Company)/ /1 Comment

The Proposal in New York In July 2014, during a session of UNCITRAL that took place in New York, a Proposal to undertake work on the preparation of a convention on the enforceability of international commercial settlement agreements reached through mediation/conciliation was put forward to UNCITRAL by the government of the United States of America. …

ADR, Arbitration, Dispute Resolution, Evaluative Mediation, Med-Arb Clauses, mediated settlement agreement, mediation models, Mediation Outcomes, mediation traditions, Neuroscience, Scotland

(Core Solutions Group)/ /2 Comments

My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition. One topic which stimulated some forthright conversation was the use…