cross-border mediation

Appointment of Mediators, Cooperation, cross-border mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Governments/Public Sector, International Conciliation, International Mediation, Negotiation, peace negotiations, Promoting Mediation, Public Policy, Scotland, Uncategorized

(Core Solutions Group)/ /Leave a comment

Effective inter-governmental relations among the constituent parts of the United Kingdom are essential in an era of increased devolution of powers, post-Brexit allocation of responsibility and contested narratives about the future of the (uncodified) UK constitution. Background One of the rather depressing aspects of the constitutional impasse in the UK is that inter-governmental relations (IGR)…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement, Settlement Agreements, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /3 Comments

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution…

caucus, Commercial Mediation, Developing the Field, Experts, General, Joint Sessions, Lawyers, lawyers in mediation, Mediation Lawyering, Mediation Practice, mediation process, Mediation Users/Clients, Reflective practise, Scotland, Stages of mediation, The role of the mediator, Understanding mediation

(Core Solutions Group)/ /Leave a comment

Much has been said and written about the demise of the joint meeting in mediation. In my experience, such a view is premature and, I fear, is potentially wasteful of the power that mediation brings for creative problem-solving. I am also aware of how much the clients and others appreciate a creative approach to the…

Accreditation, cross-border mediation, Europe, International Law, Mediation Users/Clients, Regulation, regulatory robustness rating for mediation, Standards, Training

(Sabine Walsh Mediation)/ /1 Comment

This post will be the first of a series focusing on individual aspects of regulatory robustness, as introduced in previous blogs by Nadja Alexander and applied in the context of Ireland by the two of us in our last post. With so many areas to focus on, it was difficult to choose one to begin…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Europe, Future of mediation

(Centre for Commercial Law Studies, Queen Mary University of London) and (Serle Court)/ /Leave a comment

We first worked together in the competition law department of an international law firm. 14 years have since passed – at a spirited pace – and we now find ourselves, for an assortment of reasons and opportunities, working in mediation. On a rainy summer’s day in London, I met with Suzanne Rab, a barrister at…

ADR, ADR Agreements, ADR Clauses, Confidentiality, Confidentiality and Transparency, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, mediated settlement agreement, Mediation Practice, Mediation Users/Clients, Regulation, user perspectives

(Singapore International Dispute Resolution Academy)/ /2 Comments

Previously I posted some musings about a Mediation Friendly Star Rating System. Sort of like a Michelin Guide on the robustness of a jurisdictions regulatory framework in relation to mediation. In this post, I’d like to revisit the topic and take the idea a little further. Before I start, let me say thank you to…

Brexit, Conflict, cross-border mediation, Dialogue, Europe, mediation process

(Bond & Bond Mediation / University of Wildau )/ /1 Comment

If Brexit were an ancient Greek tragedy, David Cameron would be the tragic hero. I woke up early on 24 June to see a barometer on the BBC website slightly tipped towards Leave, and then to watch the rest of the votes come in until the text below the barometer stated that there could be…

Brexit, Enforcement of a Mediation Clause, EU Directive on Mediation, EU Mediation Directive, Europe, European Law, International Law, International Mediation, New York Convention, Uncategorized

(Singapore International Dispute Resolution Academy)/ /5 Comments

In the aftermath of the Brexit vote and the appointment of Theresa May as England’s Prime Minister, there are many things to think about and there will be much to negotiate. While some commentators anticipate a U-turn on Brexit, Theresa May has made it clear that “Brexit means Brexit” – whatever that means. In this…

ADR, Brexit, Business, crisis negotiatons, Dispute Resolution, Europe, European Law, Future of mediation, International Mediation, Scotland

(FORARB/Charles University)/ /Leave a comment

When I was shopping at the Marina Bay Sands Mall in Singapore some couple months ago, a young Singaporean approached me and politely asked me to participate in a survey. “Where are you from?” the girl stated her first question. “From Prague, Czech Republic…” She smiled and her view gave away her confusion. Obviously, she…