Conflict, Developing the Field, Family Mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Skills, Stories, Tips, Uncategorized, Understanding mediation

(University of Strathclyde)/ /Leave a comment

(This is the first of three parts of a keynote address to the YMCA Conference “From Reactions to Relations” in Burton on Trent on 20 November 2014) Here’s an interesting phenomenon. When asked to play the part of an adversarial lawyer students have no difficulty. It’s as if the script for this activity is carved…

Commercial Mediation, Evaluative Mediation, Future of mediation, Joint Sessions, mediation models, Mediation Outcomes

(Brick Court Chambers / Clifton Chambers)/ /5 Comments

This post is unlikely to win me friends on America’s West Coast and it may even see my US mediation teaching visa withdrawn, however when the issue even has its own Facebook group called Save the Mediation Joint Session and Promote Party Participation with over 50 of the world’s top mediators signed up, then the patient is more critical than I thought. The rise…

Below the line, Clients, Commercial Mediation, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, General, Humorous Pieces, Improvisation, Mediation Lawyering, Mediation Practice, Mediation Users/Clients, Mediators’ Conduct, Social intelligence, Uncategorized

(Bill Marsh Mediator)/ /3 Comments

Global Legal Post recently carried an article intriguingly entitled “Lawyers find Eureka moments in the shower“. Sadly the article itself lacked the slightly salacious promise of its title. Instead, it focused on the results of a survey of London city lawyers, indicating that those surveyed did their most creative thinking in the shower or commuting…

ADR, Business, Commercial Mediation, Communication, Deal Mediation, Dispute Resolution, Efficiency, Evaluative Mediation, Impasse, Improvisation, Lawyers, Mediation Practice, mediation traditions, Negotiation, Neutrality, Scotland, Skills, Stages of mediation, Stories, Uncategorized

(Core Solutions Group)/ /Leave a comment

I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator. I have changed my view….

ADR, Business, Commercial Mediation, Conciliation, Confidentiality, Confidentiality and Transparency, Corporate Counsel's View, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Jurisdiction, Lawyers, Litigation, Med-Arb Clauses, Mediation Reforms (Legislation, etc.), Reform, UN and International Organizations, Uncategorized, UNCITRAL Model Law

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

In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of…

Decision making, Developing the Field, Environmental Mediation, Governments/Public Sector, Public Policy

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

Some 20 years ago, as part of a nostalgia trip (for me) and introductory trip (for my wife) to my childhood haunts in Malaysia, we visited the coastal town of Lumut and the offshore island, Pangkor. This was probably a bad idea. I’d last visited those place as a child, with my family, in the…

Uncategorized

(First Mediation Corporation)/ /Leave a comment

On 24th September Kluwer and the International Academy of Mediators (IAM) hosted their inaugural mediation webinar – ‘7 Ways to Make Your Next Mediation Successful’. Attendees joined from all over the world. Don’t worry if you couldn’t attend on the day – we’ve posted the webinar on YouTube, and it can be viewed here.   1….

Accreditation, Commercial Mediation, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Institutions and Rules, Mediation Users/Clients, Singapore, Standards

(National University of Singapore, Faculty of Law)/ /2 Comments

Author’s Note: I would like to thank Ms. Eunice Chua, Deputy Chief Executive Officer for her contribution to this entry. 5 November 2014 was a momentous day for mediation in Singapore. It saw the launch of two mediation-related bodies, the Singapore International Mediation Institute and the Singapore International Mediation Centre. In April 2013, Singapore’s Chief…

Developing the Field, Family Mediation, Future of mediation, Ireland, Mediation Practice

(Sabine Walsh Mediation)/ /1 Comment

“There can be no keener revelation of a society’s soul than the way in which it treats its children.” (Nelson Mandela) The inspiration for this piece has come from a two very different sources. First the extraordinary event that was the World Conflict Resolution Day conference in Stafford in October which focused on children and…

Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Online Dispute Resolution (ODR), Online Mediation, Particular Sectors (e.g. Construction, Banking, etc.)

(CMS)/ /Leave a comment

If you were unaware that last week was Cyberweek 2014, you missed a chance to take part in the 17th annual online conference dedicated to innovations and development in Online Dispute Resolution (ODR). Its program included 17 live webinars, 8 discussion forums and a variety of other activities to discuss the integration of technology and…