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Legal costs and ‘Mediation Receptivity’

Scottish judges

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:

- number of professional mediators
- number of mediation firms
- extent of court programmes and numbers referred

- total public funds devoted to mediation
- number of professional schools teaching mediation, numbers of students, academic journals
- presence of ‘potential movers and shakers on behalf of mediation’
- mediation legislation

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 [...]

Mediating Early And Late

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration proceedings have not yet been issued.

This produces different challenges. On the upside:

• The parties have not had years in which to entrench themselves in the unerring rightness of their cause, nor the irredeemable evil of their opponents. We have all seen the effect that many years of commitment to a particular position can have. Trying to encourage any other perspective after so long can be hard.

• The parties are generally less heavily invested in the case after a shorter time. Thi [...]

Gratitude For The Law

Magna_charta_cum_statutis_angliae_p1This year in the UK we are celebrating the 800th anniversary of the Magna Carta, or “Great Charter”. Signed in 1215, it remains one of the most famous documents in the world, and central to the British constitution. In mediator parlance, it is a “settlement agreement”. It came into being as a compromise between King John of England and the Barons who challenged his authority, and it established for the first time that everyone, including the king, was subject to the law*.

Interestingly, and less well-known, this deal was mediated. Archbishop Stephen Langton stepped into the role, holding separate talks with each side to hear their grievances, and ultimately bringing them together [...]

International Mediation – A Comparative Table of Institutional Mediation Rules


In the world of international mediation, global providers such as ICC, WIPO and AAA/ICDR dominate the landscape together with various more regionally based institutions such as HKIAC, SMC and CEDR.

Of course, parties who choose to resolve cross-border disputes by way of mediation are free to develop their own bespoke rules of engagement as they might in their domestic mediations via a comprehensive mediation agreement (ad hoc mediation) – however, and although there are cost implications, parties to international mediations usually perceive real benefits in adopting a tried and true process administered by a respected and often global ADR provider (administered mediation).

Many parti [...]

More free mediation sessions for separating couples in the UK

The UK Government seeks to implement “the most significant family justice system reforms in a generation.” In late August it published ‘A Brighter Future for Family Justice’ report, and announced a new program of free mediation sessions for separating couples.

It comes as no surprise that this issue is attracting political attention. The statistics speak for themselves: 42% of marriages in England and Wales end in divorce. More than 236,000 people divorced in 2012. Almost half (48%) of divorces involve children under 16 years. On the other hand, the empirical data prove the effectiveness of mediation. Last year nearly two thirds of couples who attended a single mediation session for [...]

Czech Innovation

Hradec Kralove

Czech Innovation: “Mediation Assistants”

Fascinating visit to the Czech Republic recently. I was asked to provide the training for a group of ‘mediation assistants’. Never having heard the term before I was intrigued. I flew to Prague (stag-night capital of Europe) and after a reasonably terrifying drive through a rainstorm arrived in in Hradec Králové, the country’s 8th largest city. Away from Prague’s metropolitan tourism the area is largely agricultural with a fair amount of unemployment. Against this backdrop my hosts had made their bold proposal to the EU to provide employment opportunities by training people as ‘mediation assistants’.

So who is a mediation assist [...]

A False ‘Prince Charming’ Keeps ‘Sleeping Beauty’ in a Coma: On Voluntary Mediation Being the True Oxymoron of Dispute Resolution Policy

The recent publication of a study conducted for the European Parliament on Mediation, “Rebooting the Mediation Directive,” has contributed to the ongoing debate about effective mediation policy. I am the coordinator of that Study, whose results were based on 816 questionnaires completed by respondents from the 28 member states of the EU.

The Study determined that mediation in the EU is still the “Sleeping Beauty” I first heard about when I decided to enter this field 20 years ago. Despite many decades of stagnation, renewed enthusiasm and repeated efforts to revive her, the consensus seems to be that our princess is more than just asleep. The Study concluded that unless “elements o [...]

Recommendations to develop International Commercial Mediation in Singapore

So, dear Readers,
This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore.

On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial mediation sector. Based on recommendations of a Working Group established in April 2013 by Singapore’s Chief Justice and the Ministry, the recommendations include the establishment of two new independent mediation entities: a new professional mediation body (the “Singapore International Mediation Institute”), and a new international mediation service provi [...]

Chief Justice of Samoa launches Mediation rules

From the Samoan Observer 28 August 2013

Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale.

Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea Polata’ivao as well as members of the judiciary.
His Honour Patu said the launch yesterday was a significant milestone for Samoa.

“Mediation is something very new but very old in Samoa,” he said. “Mediation has many similarities with the traditional Samoan way of settling disputes through the village [...]