court-annexed mediation

Communication, Decision making, Developing the Field, Dispute Resolution, Domestic Courts, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Opt-Out, Promoting Mediation, Public Policy, Scotland

(University of Strathclyde)/ /1 Comment

The idea of using insights from behavioural science to achieve desirable policy goals burst into popular consciousness with the publication of Nudge: Improving Decisions About Health, Wealth, and Happiness (R Thaler and C Sunstein, Yale University Press, 2008.) It describes the appealing notion that people can be encouraged to make good choices by the way…

ADR, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legal Issues, Litigation, Mediation and Society, Mediation Practice, mediation process, Mediation Schemes (In Courts, etc.), Practical Challenges for Mediators, Scotland, Stories, Uncategorized, Understanding mediation

(University of Strathclyde)/ /1 Comment
Formality and informality

Place matters It’s good to see authors on this blog referencing academic research – see Rick Weiler’s recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas Quek Anderson (1) has got me thinking about the old chestnut of formality and informality. Anderson considers the impact on people and processes of the…

ADR, Developing the Field, Domestic Courts, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Scotland

(University of Strathclyde)/ /Leave a comment

A few months ago I painted a not-terribly-flattering picture of Scottish justice as experienced by small claimants – (Oiling the Wheels of the Justice System). Seen through the eyes of a mediator (and ex-lawyer) the language, practices and architecture seem calculated to confuse those most in need of assistance and clarity like unrepresented parties and…

Accreditation, ADR, Availability of Mediators, Clients, Commercial Mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Reform, Samoa, Stories, Training, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

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…