Business

ADR, Business, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, France, Reform, Regulation, Young Mediators

(ICC International Court of Arbitration)/ /Leave a comment
Young Mediators Initiative (YMI)

At long last, on 20 August 2015, the French Government transposed a 2013 EU directive regulating mediation for consumer disputes. This new piece of legislation, which aims at increasing the use of mediation in sales and service consumer contracts, could create new business opportunities for mediators. The big picture : the idea behind the Directive…

Arbitration, Business, Conflict, Conventional wisdom, Creativity, Decision making, Dispute Resolution, Efficiency, Greece, History of mediation

(FORARB/Charles University)/ /2 Comments

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…

ADR, Arbitration, Business, Commercial Mediation, Conflict, Developing the Field, Dispute Resolution, International Law, International Mediation, Legal Issues, Legislation, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Middle East, National Mediation Laws, Understanding mediation

(Université Panthéon Assas (Paris II))/ /2 Comments
Young Mediators Initiative (YMI)

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?…

ADR, Business, Dispute Resolution, Future of mediation, International Mediation, Not-for-Profit Organizations (NGO)

(FORARB/Charles University)/ /Leave a comment

The National Committee of International Chamber of Commerce in the Czech Republic has launched the Working group that shall support the use of mediation in the Central European region. Will it succeed? Promoting Mediation at Art Deco Café Once deciding to promote mediation, one cannot stand still. Despite the fact it is not obvious at…

ADR, Book Review, Business, Causes of Conflict, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Developing the Field, Future of mediation, General, Improvisation, Language, Mediation Practice, Mediation Users/Clients, Neuroscience, Policy, Scotland, Skills, Stories, Success in mediation, Tips, Training, Uncategorized

(Core Solutions Group)/ /1 Comment

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

Business, Developing the Field, Dispute Resolution, Efficiency, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation Users/Clients, Particular Sectors (e.g. Construction, Banking, etc.), Success in mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

Nowadays, more than ever, we live in a relationship-based environment, where networking, information and experience exchange form, among others, very important pillars of large and small organizations. These important concepts have been widely recognized by large corporations and successful small businesses but, unfortunately, there are still some skepticism from some small business segments, especially from…

Business, Causes of Conflict, Commercial Mediation, Communication, Conflict, Costs in Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Improvisation, Interests, Joint Sessions, Mediation Agreement, Mediation Outcomes, Mediation Practice, Mediators’ Conduct, Negotiation, Neuroscience, Scotland, Skills, Sport, Stories, Success in mediation, Uncategorized

(Core Solutions Group)/ /6 Comments

As 2014 comes to an end, it is good to reflect. How privileged many of us are. I often remark to others that my “job” is better than “real work”. What do I mean when I say that? As mediators, we have an extraordinary window through which we view life, other people and what happens…

ADR, Business, Commercial Mediation, Communication, Deal Mediation, Dispute Resolution, Efficiency, Evaluative Mediation, Impasse, Improvisation, Lawyers, Mediation Practice, mediation traditions, Negotiation, Neutrality, Scotland, Skills, Stages of mediation, Stories, Uncategorized

(Core Solutions Group)/ /Leave a comment

I have never been a great fan of mediator’s proposals. I took the view that the mediator’s job, done well, was to help the parties to come to a solution themselves. Party autonomy and all that. Achieving a satisfactory outcome, I thought, shouldn’t require a specific suggestion by the mediator. I have changed my view….

ADR, Business, Commercial Mediation, Conciliation, Confidentiality, Confidentiality and Transparency, Corporate Counsel's View, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Law, International Mediation, Jurisdiction, Lawyers, Litigation, Med-Arb Clauses, Mediation Reforms (Legislation, etc.), Reform, UN and International Organizations, Uncategorized, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In a previous post, I shared Professor Stacie Strong’s call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final results are still pending, Prof Strong has released some preliminary results from the study. The study, which is entitled “Use and Perception of…

Business, Causes of Conflict, Commercial Mediation, Conventional wisdom, Corporate Counsel's View, Costs in Mediation, Cross-cultural, Developing the Field, Dispute Resolution, General, Mediation Users/Clients, Singapore, Stories, Success in mediation, Uncategorized, Understanding mediation

(National University of Singapore, Faculty of Law)/ /Leave a comment

The Singapore Mediation Lecture 2014 was delivered on 26 September 2014 by Mr. Brad Berenson, the Vice President and Senior Counsel for Litigation and Legal Policy of General Electric. The third lecture in this series, the Singapore Mediation Lecture is a result of a partnership between the Singapore Mediation Centre, the Singapore Management University School…