In 2017 we find that the mediation market is lumpy. There is a relatively small pool of mediators, including the founding fathers and mothers of mediation, who firmly established credibility and respect for the discipline, who have honed their craft over the years and who are now the “go to” individuals for probably the majority…

When building the Brazilian capital, Brasilia, in the fifties, Juscelino Kubitschek’s expression “50 years in 5” became famous. He was referring to the country’s expected development. Maybe a sort of analogy – ten years in one – could be used to describe the recent developments in alternative dispute resolution in Brazil. If compared to other…

How many of us share the experience I have had – sitting on the last train home, late at night, with a day’s mediating behind me and no settlement? Perhaps even no meaningful progress towards a settlement? Occasionally, no offers even made? And as you do so, perhaps you find that your thoughts veer from:…

John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…

Mediation as a means to resolve disputes without the assistance of the court has become more and more popular in the post-Soviet bloc countries, for example Ukraine, Poland and Lithuania. The Law on Mediation in Lithuania was adopted by Parliament in 2008. Although enthusiasts of mediation welcomed the new law, mediation has not accelerated as…

This year, I think I have seen more articles on why and how NOT to make New Year’s Resolutions than making them. I’m not sure what this says about us, or about such resolutions, but, never one to miss an opportunity to make a nice list, I have made some mediation-specific resolutions nonetheless. First of…

research

Sometimes we have to ask probing questions. Does mediation do any good? Does it make the world a better place? Is there more or less peace in our societies because of our work? This sort of research question exercises scholars and academics, but practitioners too want to believe their work makes a difference. A related…

I have just read Ian Macduff’s recent Kluwer blog (26 November: “Upheaval and resilience: a note from the Shaky Isles”). What a privilege it is, in this blog, to follow Ian’s erudite writing. He captures so well the spirit of the age, with all its uncertainty, tragedy, hope and opportunity. On that theme, my wife…

On the 3rd of November 2016 Verkhovna Rada – the Parliament of Ukraine – voted for the draft law “On mediation” on the first reading. This is indeed an important event for Ukrainian mediators as they have been working hard towards it during the last eight years. All previous attempts to pass the law through…

Everywhere judicial policy makers are seeking new ways for the distribution of justice. In the Netherlands a project is underway to abolish all paperwork from the courts. Litigation will before long be conducted entirely digitally. In order to curtail government spending, experiments are being conducted to steer claimants away from the courts and become more…