future of mediation

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

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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…

Decision making, Developing the Field, Future of mediation, Mediation Practice, Public Policy, Reflective Practice, Scotland, The role of the mediator

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My last blog reflected on an excellent mediation conference in Frankfurt on the Oder where the strength which comes from working together was clear. I started this present blog on the day that the EU agreed the terms of the UK’s departure from the organisation that has been such a significant part of Europe’s post-second…

Europe, International Courts, Legal Issues, Legislation, Mandatory mediation, Mediation Reforms (Legislation, etc.), Opt-Out, Regulation

(CMS)/ /2 Comments

There are many well-known arguments for and against mandatory mediation. Neither of the two camps of its proponents and opponents appear willing to surrender. However, some recent developments signal that the proponents are now gaining the upper hand. While in the past mandatory mediation schemes were typical for some (but not all) of the common-law…

Developing the Field, Europe, Future of mediation, Germany, Growth of the Field (Challenges, New Sectors, etc.), Mediation and Society, Mediation Outcomes, Neutrality, Philosophy, Policy, Public Policy, Reflective Practice, Scotland, The role of the mediator, Ukraine, Uncategorized, Understanding mediation

(Core Solutions Group)/ /2 Comments

At a recent excellent conference hosted by Professor Ulla Glaesser at Viadrina University in Frankfurt (Oder), one of the workshop sessions focussed on the extent to which mediators can or should disclose or express their views when engaged in politically-related mediation work – or more generally. What a fascinating conversation we had. It was no…

Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.)

(Weiler ADR Inc.)/ /2 Comments

On Thursday, August 30, 2018 the Canadian Federal Court of Appeal did the unthinkable. Its Judgement in Tsleil-Waututh Nation v. Canada (Attorney General), 2018 FCA 153 (CanLII) quashed approval of the $9.3-billion (CAN) Trans Mountain oil pipeline. The Canadian government announced last spring that it would purchase the Trans Mountain pipeline from Kinder Morgan Ltd….

Developing the Field, Mediation Practice

(Weiler ADR Inc.)/ /1 Comment

It’s August and I’m cooking up some Stone Soup. What I’m actually doing is finalizing the syllabus, lesson plans, lecture notes, readings, guest speaker list and slide decks.  The materials are for my Mediation Theory and Practice seminar at the University of Ottawa Law School starting in September. (Thank goodness for the last minute, otherwise…

Bias, Cognitive Bias, Commercial Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Mediation and Society, Mediation Practice, mediation process, Mediators’ Conduct, Neuroscience, peace negotiations, Personal Development, Policy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Reflective Practice, Scotland, shuttle mediation, Skills, Social intelligence, Success in mediation, The role of the mediator, Tips, Transformation, Trust, Uncategorized, Understanding mediation

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“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll make no progress that way. And you are using so much effort. Relax. When you get into difficulty, you are expending…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement, Settlement Agreements, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /3 Comments

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution…

ADR, Developing the Field, Dispute Resolution, Future of mediation, mediation as a career, Partnering, Promoting Mediation, Reflective Practice, Scotland

(UCL Faculty of Laws)/ /1 Comment

“The meaning of life is to find your gift. The purpose of life is to give it away.” Pablo Picasso. Last month I travelled to Edinburgh for the International Academy of Mediators conference, chaired and hosted by John Sturrock. The theme of the conference was “Looking outward – mediation: a new enlightenment?” Not only was…