This is the second in a series of postings written by Michael Leathes, Tina Monberg and Irena Vanenkova and Nadja Alexander. The first post appeared on the Kluwer Mediation Blog on 17 August. Yesterday we put forward our view that achieving the promise of mediation in conflicts that threaten the stability of societies and economies is one of the most important challenges of our time. We noted that the UN and political leaders increasingly perceive mediation as vital for avoiding and resolving conflict at all levels in society, worldwide and today we identify the extent to which the rhetoric about mediation matches what has been done to implement mediation in practice.
Implementation Steps by [...]
This is the first of a series of four blog postings written by Nadja Alexander , Michael Leathes , Tina Monberg and Irena Vanenkova.
Achieving the promise of mediation in conflicts that threaten the stability of societies and economies is one of the most important challenges of our time. Inspiring progress has been made in the past few years by the UN, and political leaders increasingly perceive mediation as vital for avoiding and resolving conflict at all levels in society, worldwide. Yet in individual cases mediation is rarely used as an avoidance and prevention process, and left until conflicts have escalated to the point that achieving a timely negotiated outcome, or avoiding a catast [...]
Last year, I wrote about the Peacemakers’ Initiative and talked a little about its intent, objectives and effect. This year, I want to provide readers, by way of update, a development that is both touching and an indication that things are on the right track.
To set the context, the Peacemakers’ Conference is an initiative seeking to teach young people the skills of mediation in the hope of planting the seeds of amicable dispute resolution. Like last year, this year’s Peacemakers’ Conference was a 3 day event comprising of a training component of one and a half days and a competition component. Participants were secondary school level students aged between 13 to 16 years old.
There were ho [...]
Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer.
As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations come together at an international level conferences of the ABA Section of Dispute Resolution, the Institute for Transnational Arbitration (ITA) and the International Council for Commercial Arbitration (ICCA). Mediation providers have the annual UIA World Forum of Mediation Centers. Industry change to address user demand rarely gets discussed at [...]
On 25th and 26th June, the ICC and FIDIC (International Federation of Consulting Engineers: http://fidic.org/) hosted their annual conference in Paris. While most of the discussion was, understandably, concerned with either arbitration or adjudication – the latter involving primarily Disputes Boards (http://www.dbfederation.org/) acting under FIDIC contracts – mediation made an appearance at a number of points. The principal issues concerning arbitrators, contractors, and lawyers include, at least: the international and cross-border relevance of contractual forms that are primarily “Anglo Saxon”, the assurance of due process or procedural fairness standards, the recognition and enforcement o [...]
UIA World Forum of Mediation Centres took part in Prague from Friday June 7 to Saturday June 8 20013. What are the newest developments mentioned during the symposium?
The beginning of the June 2013 was affected by heavily floods that stroke in all the Czech Republic and that threatened the Czech capital Prague. By coincidence, one of the largest meetings of mediators from all the parts of world organized by the Union Internationale des Avocats took part in Prague, so the coming participants were able to observe the rising water level of Prague’s river Vltava, as well as the beautiful city islands disappearing under water.
Fortunately, the venue of Forum – the Czech Bar Association headq [...]
This month of May witnessed the launch of the India International ADR Association (IIADRA). And what a blast it was! Judicial luminaries, leading lights of the legal profession, business leaders and politicians all descending upon the gorgeous port city of Kochi on the southwestern Indian coast in the state of Kerala.
At first glance Kochi might be the first place you would think of to be the home of the India International ADR Association. I mean, why not the major international Indian centres of Mumbai or Delhi? Interestingly, Kochi although better known today as a tourist destination, has a rich and colourful history with periods of Portuguese, Dutch and of course British occupation. Koch [...]
Another new mediation venture in Scotland: last week saw the launch of University of Strathclyde Mediation Clinic (http://www.strath.ac.uk/humanities/lawschool/mediationclinic/ ). While by no means a new idea, it’s the first in this jurisdiction. The response took us by surprise. We were graced with the presence of the University’s Principal, a judge, lawyers, sponsors, advice agencies, academics and students. I even made a wee speech, of which more below.
It has set me thinking about a remark made by Peter Adler on a recent visit to Scotland. Talking about the state of mediation in the USA he spoke of ‘high need, high supply, low demand’. I’m sure the same phenomenon exists all over t [...]
Most mediators I know graduated from the Facilitative School of Mediation – and we could spend much ink here debating exactly what that means but to my mind we were essentially taught to own the process and butt out of the outcome.
Recently there have been a number of calls for mediators to do more – more what is perhaps a little unclear, but certainly the market wants more something.
Just last month the IMI International Corporate Users ADR Survey polled 76 in-house dispute resolution Counsel from North America and Europe with over two thirds of the responders being from corporations with 10,000 plus employees.
Responding to the injunction that “Mediators should not be purely faci [...]
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. The 2011 survey of corporate counsel developed by researchers at Cornell University’s Scheinman Institute on Conflict Resolution, the Straus Institute for Dispute Resolution at Pepperdine University School of Law, and the International Institute for Conflict Prevention & Resolution (CPR) produced results that appear to be strongly reflective of U.S. practices and trends, but thoughtful practitioners and scholars will [...]