EU Mediation Section


EU Mediation Articles


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’.
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.
John Sturrock

Collaborative Scotland

(6/06/14)John Sturrock Scotland is having a referendum on its constitutional future. As I write this, it is only a few months until we vote. Whatever the outcome in September’s referendum about independence for Scotland, in this country we will all need to work hard to ensure that we can live well together after the referendum.
Jim Melamed

Why Mediate.com?

(4/02/14)Jim Melamed After 18 years as CEO of Mediate.com, I know the answer to "Why Mediate.com?" Our purpose from the beginning has been to both reflect and drive the development of valuable mediation services on a global scale.
Keith Seat

International Mediation Developments

(3/30/14)Keith Seat This is another in a series of articles by Keith Seat, Mediate.com News Editor, regarding international mediation developments. Also be sure to see www.mediate.com/International.
Mediate.com ZZZZZ

Mediate is Top Ranked Mediation Website

(2/04/14)Mediate.com Mediate.com is ranked the top mediation and dispute resolution website by Alexa in its February 1, 2014 global website rankings. In business since 1996, Mediate.com has over 15,000 searchable mediation articles, blog posts, news items and videos. Mediate.com also hosts the most used mediator directory and offers mobile friendly website development, professional promotional services and cloud-based case management systems.
John Sturrock

Scotland Can Provide Secure Forum for Global Disputes

(12/06/13)John Sturrock This is a difficult time for the world as we face serious tensions in the Middle East. Thirty years ago, the situation was similar. On 1 September that year, fighter jets from the Soviet Union shot down a South Korean jumbo jet near Sakhalin Island, in the Sea of Japan, killing all 269 people on board. The Cold War was at a peak. Relations between East and West were at a low ebb.
Cynthia Alkon

An Unfortunate Proposal to Encourage Plea Bargaining Early and Often

(11/04/13)Cynthia Alkon The UK Ministry of Justice is proposing to save £220 million (approximately $351 million) by paying lawyers so that they will receive more money if they plead their clients guilty early in their criminal case, rather than waiting longer or going to trial.
John Sturrock

Building Better Business Cultures

(10/03/13)John Sturrock A culture shift from conflict to collaboration is taking place, leading mediators believe, in handling difficult situations and disputes, not only in business but in many aspects of public life – a development which presents fresh challenges to the legal profession.

Mediation Demonstration - Video

(7/13/13) This full-length role-play mediation video, with explanations, was produced by O'Sullivan Solutions in February, 2013. This mediation role-play was demonstrated live in front of the faculty of law at Griffith College, Cork.
Richard Birke

Italy Has a “Man of Mediation” Running the Country

(6/03/13)Richard Birke Italy boasts some of the finest wine, clothes, art, food and cars in the world. It is an amazing country with attributes that have made it a top-notch tourist destination.
Charlie Irvine

Business As Usual? Mediation and the Justice System

(5/19/13)Charlie Irvine This article considers the under-use of mediation in the UK's second largest jurisdiction, Scotland. The article has three sections: a "myth buster" and two questions. The first examines three popular myths about mediation; the second addresses the question, "How does mediation add value to the justice system"; and the third presents the business case for lawyers, "Why does mediation make good business sense?"

ODR in Europe

(5/18/13)Graham Ross, Marta Poblet This paper offers an overview of the present situation of ODR in Europe and discusses effective development of ODR deployments to handle online, offline, national and cross-border disputes in Europe. To do so, we proceed by first defining the scope of ODR and reviewing existing services. We then continue by analyzing the major challenges faced by ODR in Europe and finally conclude by suggesting some future scenarios.
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