Articles and Video:
This article discusses the Good, the Bad, and the Ugly of mediation. This is an edited version of the Opening Plenary Keynote Speech at the Inaugural 5C's ADR Conference held at the Supreme Court of Singapore on October 4-5 2012. 5 Comments
Stop Shoveling Smoke! Give Users a Classic Definition of Mediation
Mediation needs one classic definition of itself. In a field widely populated by lawyers, professionals who the great jurist Oliver Wendell Holmes Jr. noted spend a great deal of time shovelling smoke, we have literally hundreds of different published definitions of mediation. 9 Comments
Mediator Competency is like Truth, Beauty and Contact Lenses... Why the fifth mechanism to assure users about mediator quality really works
In some places, interior designers, dog-walkers and florists are now jobs that need to be licensed. How mediators have escaped until now is a wonder, but it’s coming.
2020 Vision - Where In the World Will Mediation Be In 10 Years?
Where could mediation be in 10 years time? Can stakeholders realistically exert a significant positive influence on the field’s future progression? 4 Comments
International and Comparative Mediation: Legal Perspectives (Book Review)
What marks this book out as exceptional, valuable, inspiring and even myth-busting is its contemporary focus on the legal and regulatory issues surrounding the practice of mediation - in civil and common law jurisdictions and also at a transnational level - and the engaging way it is written and presented.
Mediation Representation: Advocating As A Problem-Solver In Any Country Or Culture (Book Review)
Gladiatorial attorneys the world over are probably the single greatest barrier to a successful negotiated outcome. By not consciously adapting their style from the "I Gonna Win/You Gonna Lose" approach characterized by litigation and arbitration, attorneys representing clients in mediation can seriously impede, miss and even block the greater benefits for their clients potentially available from a negotiated outcome. 1 Comment
A Perfect Storm is Gathering
A Perfect Storm is gathering, comprising the effects of severe economic downturn, the alacrity with which corporate law departments seek greater transparency and outcome certainty, and new tools in the field of information and communication technology. This convergence provokes serious changes in attitude and approach by all dispute resolution stakeholders – especially trial lawyers, mediators and mediation provider organizations. The status quo has had its day. Good news for those nimble enough to adapt quickly. This article is jointly written by a group of twelve institutional users of mediation services. 3 Comments
Mediators in Need of Momentum: ADR in Europe
Mediation got off to a good start in Europe. Heralded as a solution to clogged-up courts, spiralling legal fees and business relationships torn apart by gladiatorial lawyers, it enjoyed a big initial take-up in some countries during the early and mid-1990s. However, the movement towards alternative dispute resolution is in danger of stalling in Europe.