EU Mediation Section


EU Mediation Articles


Greg Bond

Who Should Be Promoting Mediation and Why? Mediation in Germany: The Poor Cousin to the Courts?

(11/28/16)Greg Bond

There was a prominent mediation case that hit the headlines in Germany in October and November this year.

John Sturrock

Mediation Services Matter in Scotland

(10/14/16)John Sturrock

This blog synthesises some remarks I have made recently to policy-makers in Scotland.

Sabine Walsh

Making Mediation Sexy?!

(10/07/16)Sabine Walsh

It’s that time of year again! Mediation Awareness Week is about to kick off in Ireland, the UK and many other countries around the world.

Richard Peachey

UK Government has Announced £4.4m Funding to Tackle Bullying in Schools

(10/03/16)Richard Peachey

The Government has announced £4.4m funding for 10 innovative schemes to tackle bullying in schools.

Greg Bond

Brexit And The Tragically Flawed Mediator

(8/08/16)Greg Bond

If Brexit were an ancient Greek tragedy, David Cameron would be the tragic hero.

John Sturrock

Further Thoughts on Brexit and Caledonian Antisyzygy

(8/05/16)John Sturrock

This blog is a further reflection on the implications of Brexit, viewed from a Scottish perspective.

Greg Rooney

Brexit and the Nash Trap

(7/29/16)Greg Rooney

The decision to leave the EU has drawn the UK into the Nash Trap.

Maria Eugenia Sole

BREXIT: A View from the Philosophy of Liquid Modernity and Ethics of Alterity

(7/21/16)Maria Eugenia Sole

Let's make an attempt to understand the recent events related to the output of the United Kingdom of the European Union from the perspective of contemporary sociology, but not before making a brief review of the paradigm shifts in the social field over the past centuries. En Espanol

Charlie Irvine

Scotland’s ‘Mixed’ Feelings About Mediation - Part 2

(7/01/16)Charlie Irvine

To a hammer, everything looks like a nail; and to litigators, most cases look ripe for litigation. But my generation entered the Scottish legal profession with an additional motivation: if a case runs its full course, it is not just good for our pockets, it is good for the law and good for the country.

Phyllis Pollack

To Leave or To Remain?

(6/27/16)Phyllis Pollack

Brexit: should Britain remain within the European Union or leave? The proponents on both sides have been quite strong in their respective positions accusing each other of exaggeration, if not misrepresentation.

Charlie Irvine

Scotland’s ‘Mixed’ Feelings About Mediation - Part 1

(6/27/16)Charlie Irvine

This paper considers Scotland’s lack of receptivity towards mediation in the light of its ‘mixed’ legal heritage of both civilian and common law influences. It contrasts the approach to mediation in common law jurisdictions (such as England and Wales and those of the USA) with that of France, where litigation acts like an ‘attracting magnet’.

Richard Peachey

Mr v Mrs: Call The Mediator

(6/27/16)Richard Peachey

Behind closed doors, in more than 500 locations across England and Wales, a network of National Family Mediation (NFM) services are meeting separated couples attempting to resolve their disputes over money, children and property – without a courtroom battle.

Katherine Graham

Trouble at the Top: Why CEOs Don't Use Mediation

(6/06/16)Katherine Graham

The C-suite, the Board, senior management – call it what you will, those at the top of an organisation are as prone to conflict as the rest of us. But even more than the staff base, senior management are reluctant to use mediation.

Sabine Walsh

On Yer Bike – To the Mediation Table!

(4/18/16)Sabine Walsh

The current dispute in Ireland involves multiple parties who all have strongly held positions, based on their values, interests and needs. Does this sound familiar?

John Sturrock

In an Interdependent World There is No Them and Us, Only Us

(2/12/16)John Sturrock

We have entered a fascinating period in British politics. The old certainties are gone. Recent disruption will inevitably cause instability - and opportunity.

Justinas Jarusevicius

Lithuania Has Restrained the Unruly Horse of Public Policy

(11/13/15)Justinas Jarusevicius

Public policy remains one of the most popular grounds used by the parties to oppose the recognition and enforcement of an arbitral award. Its vague content also makes its application in court greatly challenging – academics still refer to public policy as the “unruly horse”.

Katherine Graham

Are You Seeing the Benefit of Soft Skills?

(8/21/15)Katherine Graham

“Soft skills like communication and teamwork are incredibly important to our business because of the impact they can have on our customers’ experience. As integral as they are to the performance and progression of our employees, I know that we can do more to recognise their importance which is why we are launching this campaign," says the Chief People Officer of McDonalds UK.

Gracious Timothy

The UNCITRAL Convention on Enforceability of Settlement Agreements Resulting from International Commercial Mediation

(7/30/15)Gracious Timothy

In February 2015, the U. N. Commission on International Trade Law (UNCITRAL) Working Group II (Arbitration and Conciliation) met in New York to consider the case for a Convention on the recognition and enforcement of international settlement agreements achieved through mediation. The task was to report on feasibility and the possible form of work in that area. The Working Group did receive several comments from states on the need; the status of settlements; possible exceptions; and the technical feasibility of this new convention. This article collectively summarises the questions underlying possible harmonized solutions.

Charlie Irvine

“Justice” Report for England and Wales: A Missed Opportunity for Radical Change

(6/29/15)Charlie Irvine

"Justice," a UK think-tank committed to legal reform, launched a new report in April 2015 entitled "Delivering Justice in an Age of Austerity". It proposes significant changes to the justice system of England and Wales, including a new character, the "Registrar", who would have powers to mediate, provide early neutral evaluation, dismiss cases or refer them to a judge. The article provides a detailed critique of the proposals, concluding that despite great merit, they extend the "shadow of the law" by making early neutral evaluation the default. A more radical and empowering change would have been to make mediation the default, with ENE and adjudication the remedial alternatives.

The 2015-16 Global Pound Conference Series - Prospectus

(4/15/15)Jeremy Lack, Michael Mcilwrath

“Shaping the Future of Dispute Resolution & Improving Access to Appropriate Justice." The goal of the Global Pound Conference (“GPC”) Series is to improve access to justice around the world by generating actionable data from stakeholders in the dispute prevention and resolution fields to facilitate greater access to appropriate dispute resolution (“ADR”) processes worldwide. Please join our efforts!

The Role of Intra-Group Consensus-Building in Disarming Militant Groups in Northern Ireland

(3/24/15)Ariel Heifetz Knobel, Gary Mason, Benedetta Berti

This study examines the internal process that led combatant groups in Northern Ireland, focusing on the Loyalist camp, to relinquish armed struggle as a viable strategy to accomplish their political goals. The study focuses on internal dynamics, i.e. intra-group negotiations and consensus- building mechanisms that Loyalist militant organisations employed to switch from violence to non-violence and from confrontation to engagement with their enemies.

Lisa Parkinson

Family Mediation - Preface

(3/12/15)Lisa Parkinson

The Children and Families Act 2014 is focusing more attention on the role of family mediation in the family justice system. Family mediators have been given greater responsibility to encourage consideration of non-court dispute resolution processes before application is made to the family court, and to assess the suitability of mediation in particular circumstances.

Alfred Siwy

Fees of the Successfully Challenged Arbitrator?

(1/16/15)Alfred Siwy

In its decision of 17.2.2014, the Austrian Supreme Court decided on a claimant’s request for reimbursement of the portion of the fees advanced to the arbitrator whom it had successfully challenged during ongoing proceedings and on his liability for frustrated costs caused by the challenge and the appointment of a new arbitrator.

Beth Graham

Non-Judicial Means of Collective Redress in Europe

(12/19/14)Beth Graham

S.I. Strong, Associate Professor at the University of Missouri School of Law, has published a book chapter entitled Non-Judicial Means of Collective Redress in Europe in Collective Redress in Europe (Oxford University Press, anticipated 2015); University of Missouri School of Law Legal Studies Research Paper No. 2014-29. In her book chapter, Professor Strong analyzes large-scale arbitration and other non-judicial avenues for collective redress in Europe.

Harvesting Data to Shape the Future of International Dispute Resolution

(9/22/14)Deborah Masucci, Michael Leathes

Among the early words of wisdom expressed by Sherlock Holmes was this classic line: "I never guess. It is a capital mistake to theorize before one has data. Insensibly one begins to twist facts to suit theories, instead of theories to suit facts." And so it is with dispute resolution. There is a paucity of reliable statistics out there to enable users of dispute resolution services, as well as advisers, providers, educators, adjudicators and policymakers, to understand how best to prepare and steer ourselves for the future.

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