Throughout the 20th century the arbitration house has dominated the landscape of international commercial dispute resolution. In the 21st century foundations are being laid for construction of a free-standing mediation house in international dispute resolution practice. Meanwhile a closer inspection of arbitration house reveals the ongoing construction of mediation and other ADR windows in its…

“Nothing is more powerful than an idea whose time has come.” (V. Hugo) Slightly over a year ago, the United Nations Commission on International Trade Law (UNCITRAL) started working on an instrument to address enforcement of conciliated settlement agreements. Conceived as a mediation equivalent of the 1958 New York Convention, the proposed instrument would put…

My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the University of New South Wales in the annual ICC mediation competition. One topic which stimulated some forthright conversation was the use…

With the summer going on, many mediation practitioners are enjoying well deserved holidays. Yet for some of them, even this period of year is time for some pondering over dispute resolution. Should you be one of them, you may find the story of two half-brothers in ancient Greece as an interesting hint. This is the…

I am a young Lebanese graduate in mediation and currently training to practice in Paris. I frequently get asked the following questions: What is the mediation situation in the Middle East? Is it because your country is a non-mediation country that you are training in Europe? What is the mediation situation in the Middle East?…

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued. This produces different challenges. On the upside: • The parties have…

In April 1976, an event now known as the Pound Conference ignited modern ADR in the USA, launching discussion of what may have become the “greatest reform in the history of the country’s judicial system”.1 Forty years later, all stakeholders in the dispute prevention and resolution fields around the world are being invited to participate…

At the risk of being accused of being too much of a purist, I just have to have a little grumble about the latest misappropriation of the term mediation. All involved in promoting and encouraging the use of mediation know how one of the largest barriers to people availing of this process is the lack…

How do you get people to eat more fruit and less junk food? How do you get more people to agree to donate their organs? How do you get more people to engage in cross-border mediation? I’ll come back to food and organs shortly. Let’s stay with mediation for a minute. Within Asia, Hong Kong,…