Court Procedure and Litigation, Developing the Field, Future of mediation, Ireland, Legal Issues, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), National Mediation Laws

(Sabine Walsh Mediation)/ /Leave a comment

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…

Co-mediation, Communication, Creativity, Developing the Field, General, Improvisation, Skills, Training

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

I said in last month’s entry that that was going to be one of my occasional funky entries. Should I be concerned that for this month’s entry, I have decided to write on something equally funky? Bear with me, it’s clearly a stage I’m passing through. Either that, or my medication is wearing off! I…

Conventional wisdom, Creativity, Dispute Resolution, Mediation Outcomes, Mediation Practice, mediation process, Negotiation, Practical Challenges for Mediators, Scotland, Stages of mediation, Training, Uncategorized

(Core Solutions Group)/ /2 Comments

Three recent mediations in three jurisdictions raised some interesting issues.  Each mediation was different. One involved a claim for professional negligence against a firm of solicitors for (allegedly) incorrectly including an occupied building in the sale of a large piece of land. The sellers were unhappy that many years had elapsed since the transaction, a number of them passing while…

Communication, Cross-cultural, Decision making, Developing the Field, Email, Future of mediation, Mediation Practice, Online Dispute Resolution (ODR), Online Mediation, Technology

(NZ Centre for ICT Law & School of Law, Auckland University)/ /Leave a comment

“Stand by your devices”; or “Access through the [virtual] looking glass” I take the first phrase of this blog title from a throw-away line in one of the recent comments by a student in my current Negotiation and Mediation class. The context is this: my university has implemented an Emergency Preparedness Teaching and Learning [EPTL]…

Business, Dispute Resolution, Efficiency, Enforcement, Growth of the Field (Challenges, New Sectors, etc.), Mediation Practice, Mediation Reforms (Legislation, etc.)

(Mediar360 - Dispute Resolution )/ /1 Comment

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…

Conflict, Conventional wisdom, Creativity, Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Intuition, Neuroscience, peace negotiations

(Singapore International Dispute Resolution Academy)/ /Leave a comment

This week the South China Morning Post featured an article entitled “Why the theories of Einstein, climate change or evolution can never be proved right”. Referring to recent world headlines that Einstein’s theory on gravitational waves had finally been proven, the writer, Timothy Wotherspoon, argues that a scientific theory can never been proven right. He…

Cognitive Bias, Confidentiality and Transparency, Disclosure, Dispute Resolution, Ethics, Impasse, Uncategorized

(ADR Center Romania)/ /Leave a comment

This post was prepared in cooperation with Bogdan Matei. Neutrality is one of the keystone concepts in the mediation process. When the mediator or the parties consider that the mediator’s neutrality is affected, a conflict of interest appears. It is well known that when a conflict of interests appears, in respect to the ethical rules…

General, Mediation Practice, Practical Challenges for Mediators, Skills

(National University of Singapore, Faculty of Law)/ /4 Comments

Ok. Let me come clean. This is going to be one of my occasional funky entries. To the left-brain, conventional, conservative readers of this blog, please skip this entry. It may only serve to aggravate you and disrupt your structured and certain world. If you are still reading, thank you. This month’s entry is a…

Causes of Conflict, Conflict, Developing the Field, Growth of the Field (Challenges, New Sectors, etc.), Instinct, Mediation Practice, Practical Challenges for Mediators, Tips, Training

(University of Strathclyde)/ /Leave a comment

“You cannot direct a living system; you can only disturb it”1 When mediators join a conflict, they enter a living system. Realise it or not, that system is instantly changed by their arrival. Change may be for the better, and we hope our influence is benign, but nothing is the same again. It therefore makes…

Commercial Mediation, cross-border mediation, Cross-cultural, Developing the Field, EU Mediation Directive, Europe, International Mediation

(Sabine Walsh Mediation)/ /Leave a comment

It’s the first week of February and therefore ICC International Mediation Week, including the International Commercial Mediation Competition. Those, like myself, who can’t be there, and are following the proceedings on social media, will have also noticed the save the date notice issued for the 2nd International Mediation and Negotiation Competition at the CDRC in…