Commercial Mediation, Costs in Mediation, Efficiency, Enforcement of a Mediation Clause, Future of mediation, Judges as mediators, Lawyers, Legal Practice, Mediation Agreement, Practical Challenges for Mediators

(Weiler ADR Inc.)/ /Leave a comment

Greetings from the heart of the Polar Vortex! Yes, it’s been a brutally cold and snowy winter here in Ontario, Canada, but now, in late February, the lengthening days and (relatively) warmer temperatures remind me of that point in a mediation when it seems that all hope of resolution has forever frozen over and yet,…

ADR, Developing the Field

(International Mediation Institute)/ /Leave a comment

ADR is sleepwalking globally. It needs to be shaken out of its slumber. There is a way to do it. A truly Global Pound Conference! Mediation growth has stalled. Mediation is established as part of its dispute resolution structure in a few countries like the U.S., Canada, the Netherlands, Singapore and the U.K., but even…

ADR, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Lawyering, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

I have written before in this blog about Scotland’s slow pace of change (http://kluwermediationblog.com/2012/05/12/mediation-in-scotland-some-practical-questions-and-a-nudge-in-the-right-direction/). A naturally cautious nation, our ‘old world’ response to new ideas has generally been ‘what’s wrong with the old ones?’ I was comforted by Constantin-Adi Gavrila’s recent post on this blog which underlined that Scotland is not the only European nation…

Developing the Field, EU Directive on Mediation, EU Mediation Directive, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Reform, Regulation, Success in mediation, Uncategorized

(ADR Center Romania)/ /Leave a comment

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. Presenting recently the results of the study on ‘Rebooting’ the Mediation Directive, Giuseppe de Palo talked about the “European Union mediation paradox” – the existence of a “highly acclaimed, efficient, effective process that very few people use”, in his own words – and the need…

Court Procedure and Litigation, Developing the Field, Domestic Courts, Family Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Reform

(Sabine Walsh Mediation)/ /1 Comment

Despite half the country being under water, the first few weeks of 2014 have brought with them some new developments in mediation and related areas. While not all of these developments are welcome, one gets a sense that the need for change in many areas, including the legal system, is being acknowledged and acted upon…

Communication, Conflict, General, Governments/Public Sector, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Negotiation, peace negotiations, Stages of mediation, Stories, Success in mediation, Switzerland, Transformation

(Bill Marsh Mediator)/ /10 Comments

Like many of us, I listened with rapt attention to the reporting from Geneva of the Syrian peace talks last week. So much is at stake. And so much of it feels very familiar to me as a mediator. One particularly interesting item was a radio interview last Saturday with a Syrian media officer who…

ADR, Commercial Mediation, Europe, International Mediation, Skills, Success in mediation, Uncategorized, Understanding mediation

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

The annual ICC Commercial Mediation Competition is about to kick off in Paris, France on 7 February 2014 and as I write this 500 students from over 40 countries will be making their way to The City of Light by trains, planes and bus. Teams are drawn from law and business schools across the globe and…

Conventional wisdom, Decision making, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Success in mediation

/ /1 Comment

This blog entry has its immediate origins in a passing comment by a mediation and university colleague. That colleague had just returned from a mediation and I – perhaps somewhat flippantly – asked whether justice had been done (the area of his work was employment mediation). His reply was simply to the effect that “the…

Efficiency, General, Mediators’ Conduct

(Mediar360 - Dispute Resolution )/ /1 Comment

Recently, one of the greatest maestros of our time passed away: Italian conductor Claudio Abbado. He led some of the most prestigious classical music institutions in the twentieth century. He served as music director of the La Scala opera house in Milan, principal conductor of the London Symphony Orchestra, and principal conductor of the Berlin…