Future of mediation

ADR, ADR Clauses, Appointment of Mediators, Availability of Mediators, caucus, Clients, Commercial Mediation, Corporate Counsel's View, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Evaluative Mediation, Future of mediation, General, Global Pound Conference Series 2016-17, International commercial mediation, International Mediation, Joint Sessions, Lawyers, Legal Issues, Mediation Contract Clause, Mediation Lawyering, mediation process, Mediation Users/Clients, Promoting Mediation, Quality, Stages of mediation, Stories, Tips, Uncategorized

(Bill Marsh Mediator)/ /Leave a comment

This is the second in a short series of blogs interviewing regular users of mediation about what they really want from mediators and from mediation. We kicked off last month with Rebecca Clark. This month, I have the pleasure of interviewing Michael McIlwrath, who has been the head of litigation for GE Oil & Gas…

Commercial Mediation, Decision making, Dispute Resolution, Future of mediation, Joint Sessions, Lawyers, lawyers in mediation, mediated settlement agreement, Mediation Agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Promoting Mediation, Scotland, Settlement Agreements, shuttle mediation, Stages of mediation, Success in mediation, Tips, Transformation, Understanding mediation

(Core Solutions Group)/ /Leave a comment

A whole day of mediation without a “joint meeting”. The only time the lawyers met was to begin drafting the settlement agreement. The experts played no part. The day before, the principals had exchanged correspondence deprecating perceived personal insults directed at professional advisers which, it was felt, had damaged reputations. This was a long-running commercial…

ADR, Arbitration, Commercial Mediation, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, Growth of the Field (Challenges, New Sectors, etc.), Research

(Pepperdine University School of Law)/ /3 Comments

In the forty years since new visions and challenges for the administration of American justice were offered at the 1976 Pound Conference, a Quiet Revolution has altered the landscape of public and private dispute resolution around the world. (See Living the Dream of ADR). Recently, a series of day-long meetings styled as the Global Pound…

Commercial Mediation, Cross-cultural, Developing the Field, Future of mediation, International commercial mediation, Mediation Practice, Promoting Mediation

(Bond & Bond Mediation / University of Wildau )/ /2 Comments

Over recent years the number of (mainly law) student mediation moots around the world has increased at a remarkable rate. In addition to well-known venues in Paris, Vienna, and Goa, I have heard of events in Bangalore, Bhopal, Chicago, Hanover, São Paulo, Sydney … and Hamburg. There will be more. This is a bug that…

Developing the Field, Dispute Resolution, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.)

(National University of Singapore, Faculty of Law)/ /1 Comment

Writer’s note: I was interviewed by the Singapore International Dispute Resolution Academy (SIDRA) for my perspectives on Dispute Resolution. This was published as a blog entry on 2 October 2017 on the SIDRA website. For my entry this month, I would like to reproduce that interview here. I would like to thank SIDRA for giving…

Business, Decision making, Dispute Resolution, Future of mediation, Negotiation, Online Dispute Resolution (ODR), Online Mediation

(Mediar360 - Dispute Resolution )/ /Leave a comment

Artificial Intelligence (AI) is unquestionable one of the hottest topics at the moment. At the 2017 International Bar Association Annual Congress, that has just ended in Australia, one of the most recurrent and discussed question was: Will Artificial Intelligence ever be able to replace lawyers or the Law practice as we currently know ? Before…

Court Procedure and Litigation, Developing the Field, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Ireland, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws, Public Policy, Regulation

(Sabine Walsh Mediation)/ /2 Comments

Finally, after many twists and turns, lobbying, and a not insignificant amount of blogging on my part, Ireland’s new Mediation Act, 2017 was signed into law by the President on 2nd October 2017. For those unfamiliar with my rantings and ravings (other than the learned discussions of my colleagues) over the years, a little background:…

Business, Developing the Field, Future of mediation, Legislation, Mediation as a business, mediation as a career, Promoting Mediation

(Sabine Walsh Mediation)/ /Leave a comment

What a different a month makes! A new EU Recommendation on Mediation, the launch of this year’s Mediation Awareness Week and a brand shiny new Mediation Act, 2017. Yes, the long awaited legislation that I have been blogging about for years now was finally signed into law by the President this week. This development fits…

Accreditation, Cross-cultural, Developing the Field, Evaluative Mediation, Future of mediation, Hong Kong, mediation models

(Singapore International Dispute Resolution Academy)/ /1 Comment

Greg Bond’s recent post on mediation cultures reminded me of an encounter I had with a group of mediators several years ago. Allow me to share with you my recollection of what happened. I was conducting a workshop on international and intercultural approaches to mediation for 15 freshly-minted mediators from a European country — all…

Dispute Resolution, Environmental disputes, Environmental Mediation, Future of mediation, India

( O.P. Jindal Global University, Jindal Global Law School)/ /2 Comments

The judgment by the Uttarakhand High Court granting entities such as the River Ganga, River Yamuna and more recently the Yamnotri [1] Mohd.  Salim v. State of Uttrakhand and Ors, W.P.PIL No.  126 of 2014  and Gangotri glaciers [2] Lalit Miglani v. State of Uttarakhand, W.P.PIL No. 140 of 2015 the status of legal personality under…