EU Mediation Section


EU Mediation Articles


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

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

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)Michael Leathes, Deborah Masucci

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.

Keith Seat

International Mediation Developments - May 2013

(5/16/13)Keith Seat

This is another in a series of articles on international mediation and ADR updates from Mediate.com News Editor, Keith Seat.

Colin Rule

New EU Online Dispute Resolution Regulations

(5/09/13)Colin Rule

Here is the final text of the new European Union Online Dispute Resolution (ODR) regulations for transborder consumer transactions - Great reading for anyone excited about ODR.

Victoria Hall

Survey Shows How Mediation can be Successful

(4/08/13)Victoria Hall

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.

Liability of Counsel in International Arbitration: Any Changes?

(3/29/13)Lisa Bench Nieuwveld

A week ago today, it was my privilege to participate in the annual UNCITRAL/VIAC/YAAP Joint Conference, addressing hot topics in international arbitration. The conference successfully considered many key topics, including my topic, liability of counsel in international arbitrations. This topic, similar to my recent book topic (Kluwer Law International, Third-Party Funding in International Arbitration), is receiving a lot of attention with limited actual changes.

Pablo Cortés

Online Dispute Resolution for Consumers

(3/27/13)Pablo Cortés

ODR in the consumer context refers to the use of ICT tools and methods (usually alternative to the court system) employed by businesses and consumers (B2C) to settle conflicts that arise out of economic transactions between the parties, particularly in e-commerce.

John Sturrock

A New Scotland Can Be Built on Civil Discourse

(3/22/13)John Sturrock

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.

Vikki Rogers

Establishing a Global ODR System for Cross-Border Online Transactions for the Sale of Goods

(3/16/13)Vikki Rogers

For the last couple of decades, Online Dispute Resolution (ODR) experts have been creating protocols, standards and agreements for the creation of ODR systems that could resolve low-value disputes that extend beyond regional borders. To the dismay of many in this community, these various efforts never manifested into a wide-spread program offering redress to parties engaged in cross-border commercial activity.

Mediation in Healthcare in European Union

(3/07/13)

HOPE has recently published a report entitled Mediation in Healthcare, which presents the results of a survey aiming at comparing the scope and methodology of conflict resolution in the healthcare sector in the different EU Member States.

The EU Museum Mediators Project (video)

(3/05/13)

Eva-Kaia Vabamäe reflects on her experience as a "Museum Mediators" course participant. Afterwards, the European dimensions and challenges arise in the difficult translation of the term "Museum Mediation" to Estonian.

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