future of mediation

ADR, Court Procedure and Litigation, Domestic Courts, Future of mediation, International Mediation, Legal Practice, Mandatory mediation, Mediation Schemes (In Courts, etc.), Opt-Out, Particular Sectors (e.g. Construction, Banking, etc.), Promoting Mediation, Reform, United States

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Is this yet another case in which New York is setting global trends? By the end of the year, the state courts in New York are due to have a system in place requiring that civil and commercial disputes be resolved through presumptive mediation. “Presumptive mediation” means an “automatic”, pre-trial, statewide program of court-sponsored ADR….

Developing the Field, Ethics, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Language, Mediation and Society, mediation as a career, mediation process, Philosophy, Reflective Practice, Scotland, Uncategorized, Understanding mediation

(University of Strathclyde)/ /4 Comments
Values drive practice

(I first wrote about mediation’s values 12 years ago at the tail end of a Masters in Conflict Resolution and Mediation Studies.(1) Two years of study had convinced me that it is our values, rather than the techniques we learn, that tell us what to do and say when when mediating. The intervening years haven’t…

Brexit, Mediation and Society, Negotiation, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /6 Comments

“For nobody would understand, And you kill what you fear, And you fear what you don’t understand.” Powerful words. As a progressive rock music aficionado, these lyrics taken from the song “Duke’s Travels” by my favourite band, Genesis, have often brought me up short as I listen to the album from which they come, 1980’s…

Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Mandatory mediation, Mediation Act, Mediation Institutions and Rules, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Opt-Out, Scotland, Uncategorized

(University of Strathclyde)/ /Leave a comment

To paraphrase a worldwide cliché, you wait decades for a Mediation Act and two come along at once. On this typically dreich Scottish summer afternoon I find myself in the surprising position of examining two distinct proposals for mediation legislation. Why surprising? This blog has carried news of a succession of mediation acts in countries…

Commercial Mediation, Community Mediation, Developing the Field, Domestic Courts, Europe, Future of mediation, Mediation Act, Mediation and Society, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients, Neuroscience, Opt-Out, Promoting Mediation, Public Policy, Reform, Regulation, Scotland, The role of the mediator, Uncategorized

(Core Solutions Group)/ /2 Comments

Being a mediator brings surprises along the way. For me, I was presented with what turned out to be the biggest challenge of my professional career last November when the Cabinet Secretary for Health in Scotland appointed me to conduct a review of allegations made by staff (through whistle-blowers) of bullying and harassment in Scotland’s…

Research

(Weiler ADR Inc.)/ /1 Comment

Let’s talk some more about mediation research. To recap, in his February 2019 post to this Blog, Michael Leathes argued for the need for more field-based research into mediation. He asked, “What if a vast range of mediation skills and techniques could be radically improved by new data derived from large-scale national and international field…

Commercial Mediation, mediation process, Public Policy, Settlement Agreements, Uncategorized

(Weiler ADR Inc.)/ /3 Comments

Does the currently predominant model of commercial mediation – a single session of 3 or 6 hours – support good decision-making by litigants? Some doubt is cast by recent Canadian scholarship dealing with the psychological costs of litigation. In their 2017 paper, Anticipating and Managing the Psychological Costs of Civil Litigation, authors Michaela Keet, Heather…

Future of mediation, ICC Mediation Competition, Mediation Practice, Promoting Mediation

(University of New South Wales)/ /2 Comments

[Future by Nick Youngson Creative Commons] The ICC International Commercial Mediation Competition is over and these pages have been full of reflections from a number of bloggers who were there and experienced ‘aha’ moments. In particular, Greg Bond’s thoughtful post about the Intergenerational RoundTable promoted a lot of discussion about what we should be doing…

ADR, Brexit, Costs in Mediation, Court Procedure and Litigation, Europe, Future of mediation, Lawyers, Mandatory mediation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Online Mediation, Promoting Mediation, Reform

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While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The Civil Justice Council’s ADR working group has released its much anticipated final report on the use of ADR within the civil justice system…

Appointment of Mediators, Availability of Mediators, Class action, Commercial Mediation, Costs in Mediation, Court Procedure and Litigation, Economics, Mandatory mediation, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Users/Clients

(Weiler ADR Inc.)/ /Leave a comment

While The Kluwer Mediation Blog is aimed at an international audience and often deals with issues of transcendent import to those interested in the mediation process (like Bill Marsh’s recent inspiring post on Leadership) I can’t help but comment on recent Ontario decision that will be of interest to the mediation community here, and perhaps…