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More Questions for Mediators

This week, I have had the genuine privilege of contributing one of the key note addresses at the Annual Conference of the Arbitrators and Mediators Institute of New Zealand (AMINZ) in Wellington. It has been a terrific conference, superbly organized by the indefatigable Deborah Hart. The standard of the many and diverse sessions has been very high, indeed outstandingly so. There is some terrific work being done in New Zealand.

In the context of the conference theme of New Horizons, I posed a number of questions in my key note address. I hope to pull together the whole piece for publication, but here are the questions.

• What if the way in which we have sought to resolve difficult dispute [...]

A Perspective On Mediation In The Middle East

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? What are the Middle Eastern jurisdictions’ approaches to mediation? Are all Middle Eastern countries non-mediation countries? What are the advantages of mediation in these countries?

When I reflect on these questions, I ask myself: what is a “non-mediation country”? What makes a country a “mediation country”?

While browsing this blog, I came across an article e [...]

Art Deco Thoughts of ICC Mediation

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 the first sight, there are plenty of opportunities how to do it. kavarna_slavia2
One of them occurred when I met with Karel Machotka, the Executive Director of the National Committee of International Chamber of Commerce in the Czech Republic and with Milos Olik, a partner at ROWAN LEGAL Law firm who is known for his expertise in alternative dispute resolution. We spent toge [...]

The 2016 Global Pound Conference Series!

Global-Pound_mid_-resolution_finalIn 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 in a series of unique thought leadership events around the globe under the auspices of a Global Pound Conference (“GPC”) series.

The GPC has a remarkable goal: to shape the future of dispute resolution and access to justice in the 21st Century.

An invitation to shape the future of dispute resolution

The bold program, which will generate debate an [...]

And what is your biggest achievement in mediation?

MBB-LogoOnce I was informed by Nan Waller Burnett that her colleagues from the organization Mediators Beyond Borders International (MBB) were heading for Prague and that we might organize a meeting with them I did not hesitate a minute. For the work of this NGO is simply admirable.

How to build more peace “able” world

The MBB was founded in 2006 in order to promote mediation not only in the USA but also worldwide. Its main task is expressed in the following motto: “The only lasting peace is the one built by the disputants themselves.” Hence, the MBB volunteers travel around the globe and teach the disputing parties and different communities the conflict resolution skills. They are defini [...]

Reflections on the Current Climate – A Role for Third Siders?

This follows my blog last month about mediation and sustainability. In the run up to the vital COP meeting in Paris in December, what role for mediators and other third siders?

What should we say?

I started this piece a few weeks ago with these words: “From my balcony at nearly 2,000 metres, I can see seven vapour trails above, and as I look to the west, several more. The sky is a patchwork of misty white lines on clear blue. Below, the mountains are also a patchwork, this time a mottled white and grey. Even at this altitude in January, the snowfall is irregular and quite a few slopes are exposed. The main ski runs are open though, and that is a relief. We’ve paid a little extra to come [...]

What’s your country’s mediation-friendly ranking?

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted?

Say your client is a multinational corporation doing business with numerous organizations around the globe. Your advice is to insert a dispute resolution clause with mediation as a central component. Typically we select jurisdictions with which we are familiar to do business with. Smits explains the research that backs this up. This is sometimes referred to as the status quo bias. It might be our own jurisdiction or it might be another internationally we [...]

Dispute Resolution of a New Generation*

As the world of business develops at an unprecedented pace, we all are constantly facing new challenging situations which we must rapidly understand, find new solutions to and, in some cases, adapt ourselves to. A global net of co-operations, business opportunities, market resources and novel technologies has inevitable spanned across our world of business.

Along with any innovation and development comes a new challenge and with that a new method to deal with it. Unsurprisingly, the segment of dispute resolution is no different from the others and also needs to rapidly adapt to the fast paced developments in the world of international commerce. Globalized, multicultural and highly complex t [...]

Two Tips for Teams at the ICC International Commercial Mediation Competition 2015

ICC333Once again, we find ourselves on the eve of the annual ICC Commercial Mediation Competition which is about to kick off in Paris, France next week.

Last year I posted 10 tips for participants, one of the most important being that mediation remains an oral sport, and the most effective counsel and parties in real life are those who have the confidence to come to mediation with little documentation but with a deep knowledge of both the dispute and their preferred pathway to resolution – so, not only have they prepped the legal case, they have also (and primarily) prepared for settlement.

This year, I would like to add just a couple more, but perhaps go into a little greater detail this time;

Ad [...]

Empirical study on international commercial mediation and conciliation

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 International Commercial Mediation and Conciliation: A Preliminary Report on Issues Relating to the Proposed UNCITRAL Convention on International Commercial Mediation and Conciliation,” was written by Professor S.I. Strong of the University of Missouri and collected detailed data on 34 different questions from 221 respondents from all over the world. Surv [...]