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Articles:
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A New Scotland Can Be Built on Civil Discourse
Scotland is at a crossroads. As a nation, we face momentous choices. How we go about discussing them, and making them, may well determine how we work together in the future. |
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Mediation in Ireland: Current Trends, Future Opportunities: Part 2
This is the second article in a two-part series about mediation in Ireland. This article focuses on the current approach to training and accreditation and also looks toward the future. |
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10 Questions from New England ACR
Editor, NE-ACR Past President, and all-around fab mediator Louisa Williams has put together another gotta-read edition of the newsletter. It includes a review of Thinking, Fast and Slow by Danial Kahneman, whose early work lit me on fire while I was working on my doctoral dissertation in the early 90s. I enjoyed Kahneman’s new book tremendously and am still working to digest all that was in it. |
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Business As Usual? Mediation and the Justice System
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?" |
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Expectation and Regret - A Look Back At How Mediation Has Fared In The U.S.
In May, 2013, I gave a keynote talk to the Civil Mediation Council in London for their 7th National Conference. The question I was asked to address was: “What should we in England learn from the U.S. mediation experience?” Said differently, what might others profitably take from the explosive growth of court, community and privately offered mediation over the last 25 years in the U.S.? What hind-sights can we offer now that, by some measures, both countries have succeeded in marrying mediation into their civil law systems and legal cultures and what regrets and appreciations do Americans hold? |
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Survey Shows How Mediation can be Successful
Clarks Legal LLP recently undertook a survey on workplace mediation. The survey looked at the use of mediation and what barriers there might be to the use of mediation as well as success rates and what if any further information or support might be required. |
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What Does the Fortune 1,000 Survey Portend for International Mediation?
A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other approaches aimed at resolving disputes informally, quickly and inexpensively. |
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International Mediation Updates
Here is another in a series of updates on international mediation development by Keith Seat, Mediate.com Legal ADR News Editor. |
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No Divorcing Please, We’re British
We have “no-fault divorce” here in the States, but in the U.K. a party suuing for divorce still has to prove cause. Officially the grounds are such serious matters as adultery and abandonment, but it seems the courts will take just about anything presented. |
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A Little More Conversation
The next two years present Scotland and the rest of the UK with a unique opportunity. How we conduct the discussion of the constitutional question (whether or not Scotland should become an independent nation) could be as important as the outcome. |
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EU Online Dispute Resolution for Consumer Disputes
At present, the offer of ADR schemes to resolve consumer disputes related to e-commerce transactions is scattered and incomplete. In addition, while half the existing ADR schemes offer consumers the possibility of submitting their complaint online, very few offer consumers the possibility of conducting the entire procedure online. Handling the entire process online would produce time savings and ease communication between the parties. |
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Mediation Saves The UK An Annual £1.4bn While The Cost Of The Services That Help To Achieve It Is A Mere £15m
If the phrase “deficit reduction” characterised the early months of the new Westminster government, for many it has now been superseded by “preventative spending.” Investing wisely at an early stage to avoid spending far more later can save significant sums for the tightly-strung public purse – and one area of huge potential is mediation. |
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What Mediators Can Learn From The UK’s Seven Principles Of Public Life
New mediators face a challenge: In addition to learning new techniques, they quickly realize that equally important are the values that they bring to the work. However, most mediator training offers little guidance on the sources of such values. This article considers the UK’s "Seven Principles of Public Life," articulated in an attempt to maintain high standards of probity in holders of public office. Although not necessarily public servants, mediators also fulfill an important representative role and can usefully adopt these principles as one source of agreed-upon societal norms. |
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UK Election
An intriguing and unheralded intervention in the general election campaign in the UK came last week from the Centre for Effective Dispute Resolution in London. The Centre suggested that, with the prospect of a “hung” parliament, what we need is a Parliamentary Coalition Independent Mediator. Although a bit of a mouthful, the general proposition that there may be a role for an independent mediator or mediators to work with party leaders and civil servants in the event that no party gains an overall majority in seats is worth reflecting on. |
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Mediation in Ireland: Current Trends, Future Opportunities: Part 1
In this two part series, Caitriona discusses mediation in a variety of settings in Ireland. In this section she examines the judicial system, collective disputes, conciliation, construction, and health care disputes. |
Videos:
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Parkinson, Lisa: Differences Between US and UK in Family Law - Video
Lisa Parkinson discusses how the legal systems treat family law and family mediation in different states in the US whereas the UK has one legal system and set of standards for both fields. |
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Lisa Parkinson: Family Mediation Field in UK - Video
Lisa Parkinson describes how family mediation came about in the UK. Divorce rates were on the rise and research was revealing the harmful effects parental conflict had on children. The legal process promoted that conflictive environment, so mediation was thought to be an alternative. |
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