On 15 February 2016, the European platform for solving disputes arising out of online purchases (https://webgate.ec.europa.eu/odr)the ODR Platform, based on EU Regulation 524/2013 (the Regulation) was officially launched. The platform enables EU consumers and traders to settle their disputes by putting them in touch with the ADR providers selected by Member States. This platform is…

Cogniscenti (and readers of Ema Vidak-Gojkovic’s blog The UNCITRAL Convention on Enforcement of Conciliated Settlement Agreements – An Idea Whose Time Has Come?) will know that talks are ongoing in an attempt to see if it is possible to find a common system for the direct enforceability of agreements concluded in mediation. This is a…

Over the past months, indeed years, I have been blogging about Ireland’s proposed new regulatory regime for mediation contained in the draft Mediation Bill 2012. 2012 2016 It was stalled and delayed and, despite promises which started in the Programme for Government back in 2011, and were made as recently as last summer, has not…

One of the most interesting developments in business dispute resolution over the last decade is the way in which different methods of resolution are being harmonized. The EU Directive on Mediation is one example of this phenomenon, as well as several comprehensive early case assessment and conflict management programs rolled out by multinationals across their…

It is perhaps rare for a piece of legislation to receive enthusiastic cross-party support in any legislature. However, that is just what has happened in Scotland with the very recently passed Apologies (Scotland) Act 2015. Over more than two years, Margaret Mitchell MSP has piloted this legislation through the Scottish Parliament with skill and tact….

11 January 2016 saw the opening of the Singapore Legal Year. As is tradition, the Chief Justice of Singapore, Mr. Sundaresh Menon delivered his address to the legal fraternity. In his address, there were a number of initiatives relating to mediation which the writer would like to provide readers an update on. The Chief Justice…

First of all a very happy New Year to all our readers! May 2016 bring you peace, happiness and many, many hours of successful mediation. Here in Ireland, all we would really like is for it to stop raining, even for an hour or two. With the last month having been the wettest on record,…

The last day of the year is referred to, in Scotland, as Hogmanay. Hogmanay has for centuries, been a cause for celebration. Many traditions are associated with it, though the ubiquitous singing of ‘Auld Lang Syne’, is fairly recent, having been written by Robert Burns in 1788. One of the more important customs is the…

Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases. Many different approaches have found favour around the globe, with diverse programs being implemented in courts from Hong Kong to Florida and places in between. Some courts are hands off while others are heavy handed…

In 2006 Frank Sander produced his ‘Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of ‘mainstreaming’ or ‘institutionalization’ of mediation in different US states. It doesn’t seem to have caught on, but among the questions Sander lists are: PROVIDERS – number of professional…