There are times in mediation when emotions are so powerful that it’s impossible to think of anything else. This week I witnessed, at the very least, despair, fear, anger, hurt, sadness, care, love and relief. They can be fleeting – a flicker of amusement, a nod of recognition, a disdainful glance. Or they can be worn on the sleeve from start to finish, manifest as tears, a raised voice or over-anxious babbling.
Last month I listened as two senior employees rehearsed the same complaints against each other for a second meeting. One attacked; the other defended; the other attacked back, the first defended; and so on. But throughout the exchange my inner voice was saying: “Look at [...]
On December 4, 2013, the ICC launched the new Mediation Rules which will replace the 2001 ADR Rules as from January 1, 2014. In the words of Hannah Tuempel, Manager of the ICC International Centre for ADR, “there’s no earth-shaking new change to the rules”. At the global launch event last Wednesday, ‘simple’ and ‘flexible’ were most often repeated as the two main features of the new Rules.
The most obvious and visible change is the new name. When the ICC ADR Rules were drafted thirteen years ago, they were tailored to fit all ADR techniques, including mediation, conciliation and other techniques. Now, with more than 90% of the ICC’s cases filed since 2001 reverting to mediati [...]
I am indebted to my friend and fellow mediator Mark Lomas QC for sending me the following email recently:
‘I have come across what I think may be one of the earliest recorded mediations in England, and conducted at the highest level. An Italian called Tito Livio dei Frulovisi wrote an account of the life of Henry V in 1437 (so only 15 years after the King’s death) called Vita Henrici Quinti Regis Angliae. An anonymous author translated it into English in 1513. It was re-discovered in the Bodleian library and a further edition was produced in Oxford in 1716. I have seen a 1906 re-edition and annotation of it by Charles Kingsford MA of St John’s College which contains the following passa [...]
The year is nearly over, and here in the West of Ireland it is cold, wet windy and dark for what seems like most of the day, so I think it is time for a little moan about the frustrations those of us working particularly in family mediation are experiencing. (I promise I’ll start 2014 on a more optimistic note..!) This moan relates specifically to the challenges of mediating issues relating to children in a cultural and legal system that still takes a haphazard and fragmented approach to putting children and their voices at the centre of family law.
Admittedly, these are turbulent times in Ireland’s family justice system. Over a year after the Irish people voted in favour of a Constitu [...]
The new ICC Rules of Mediation were unveiled this week at a global launch in Paris.
Coming into force on 1 January 2014, the new ICC Rules will replace the ICC ADR Rules that have been used for amicable dispute resolution worldwide since 2001. The new Rules have been adapted to help parties resolve even the most complex cross-border disputes quickly and reliably. Changes include the setting of mediation as the default technique, as well as increased support from the ICC International Centre for ADR, the body administering the new Rules.
Hannah Tuempel, Senior Counsel and Manager of the ICC International Centre for ADR, noted the positive response from business: “The new ICC Rules of Mediatio [...]
So, dear Readers,
This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore.
On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial mediation sector. Based on recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry, the recommendations include the establishment of two new independent mediation entities: a new professional mediation body (the “Singapore International Mediation Institute”), and a new international mediation service provi [...]
Conventional wisdom says settle your disputes as early as possible – like bubbles off the ocean floor, conflict expands as it rises to the surface and finally explodes into the air.
What’s not to like… it makes absolute sense to agree a dispute resolution framework before a dispute arises.
But there is a BUT.
Most clauses (and there are hundreds of versions) are drafted on the premise that the dispute should get to mediation sooner rather than later.
Some are multi layered; 1) first negotiate, 2) move on to mediate, 3) then arbitrate or litigate as a [...]
This fall, I taught a course on “Managing Litigation for Corporations” at the Straus Institute. The following post is a summary of some insights that came out of the experience. I felt that this was important to share with you, as it evidences attitudes of those about to enter the field and the challenges in ADR today.
The Straus class was comprised of 19 students – roughly half pursuing their J.D., a handful of MBA students and a few more hailing from the LLM program. It was a diverse group, in terms of gender, race, cultural background, age and experience. This made for tremendous conversation, and certainly an inspiring learning experience for their professor.
As a springboard for [...]
The title of this blog stems from an exercise I engaged in with my Negotiation and Mediation class towards the end of the semester, in which we sought to bring some of the threads of the preceding weeks together. In part, it was my attempt to create not so much a model as a convenient mnemonic by which to recall the key interpersonal as well as strategic elements of mediation; in part, it was just an indulgence with assonance. What was also involved was an attempt to explore something more about creating the “mediation space” in which we hope the best work can be done with and for the parties. It is, of course, difficult to do more than imagine this when working in a university classroo [...]
Recently I had contact with the Design Thinking process, which is a creative problem solving approach that attempts to bring together tools and techniques from several disciplines and apply them to real problems or challenges.
Although it follows no real pattern, as each situation requires unique approaches and solutions, a simple framework can be applied in order to provide an introductory line of thought to the subject.
In my view, Design Thinking can be seen as a technique capable of bringing “empathy and logic” to the overall nature of the Mediation process. As such, by being creatively placed at the center of the problem, with the additional neutral assistance from professionals fro [...]