ADR

MediatorTV: Episode 9

 

In this week’s episode, Professor Nadja Alexander and Aled Davies look at the seven biggest global trends in Mediation coming up in 2017.

Because it is Family Mediation Week in the UK this week, the episode includes a number of stories on family mediation but not all in the UK. Philippa Johnson is a special guest on the show, an experienced family mediator and also vice-chair of the Family Mediators Association, she speaks about the special focus this year on the child in family mediation.

The episode also looks at family and divorce mediation in Singapore, as well as some disruptive technology emerging in the US in the form of the Centre for Out of Court Divorce.

For the original transcript please click here.

Posted by Mediator Academy in ADR, MediatorTV

Matching Arbitrators To Party Expectations

Dice dropped into the water, on a white background.

Reacting to a discussion at Vienna Arbitration Days 2016, Lucy Greenwood, Michael McIlwrath and I published an article ‘Puppies or Kittens – How To Better Match Arbitrators to Party Expectations’ calling for better-informed choices in appointing arbitrators.

We analysed the arbitrator selection process, and proposed that the lack of available information on arbitrator’s soft skills and procedural preferences often leaves parties disappointed.

In appointing an arbitrator a party seeks to identify an individual with an approach to procedural issues, case management and handling of evidence and settlement which aligns with the party’s views. While this information is crucial for the arbitrator selection, parties have only traces of knowledge about it. In fact, obtaining this information can be the single most difficult challenge when identifying potential arbitrators. Read more

Posted by Ema Vidak Gojkovic in ADR

The Geneva GPC – Does The Future Lie In Mediation?

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On 29 September 2016, various stakeholders from the judicial and alternative dispute resolution (ADR) community – arbitrators, mediators and judges, in-house counsel, external lawyers, policy-makers as well as representatives of arbitral institutions – gathered in sunny Geneva for a lively exchange on “the future of dispute resolution” at the city’s GPC event. Read more

Posted by Alisa Burkhard in ADR, LOC Coverage, Negotiation

MediatorTV: Episode 4

 

This week’s episode of  the Mediator Academy‘s weekly video ‘This Week In Mediation’, presented by Professor Nadja Alexander and Aled Davies, features the German National Mediation Association, the Bundesverband Mediation – with highlights from their annual congress in Dresden and a look at new and emerging mediation models.

The conference also focused on the role of mediation in relation to very political themes such as migration and integration.One interesting initiative that is proving to be very successful involves enrolling members of the migrant community on a one and  half year mediation training programme. The episode examines why this is such a successful initiative and how they increase engagement in the mediation process.

For the final piece of mediation news the hosts travel across the pond to analyse a decision from the Appeal Court of Massachusetts which held that mediation remains confidential even if the parties have been up to all sorts of shenanigans!  All this and more coming up in the show.

Posted by Mediator Academy in ADR, Beginner's Guide, Mediation, MediatorTV, News Analysis

It’s A Numbers Game: Diversity And Inclusion In International Dispute Resolution

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As a largely private mechanism for dispute resolution, international commercial arbitration has been shielded from scrutiny in relation to the composition of its arbitral tribunals. For years, the arbitration institutions did not publish data in relation to the gender, nationality or race of arbitrators appointed to hear disputes. However, this situation is changing. Read more

Posted by Lucy Greenwood in ADR, Data Analysis

Counting Mediators: Key Trends In International Mediation

Single blue pawn figure between red and yellow groups

The International Mediation Institute (IMI) published the results of their 2016 International Mediation & ADR Survey this week.

The survey focused on collecting census data, as well as views on awareness of mediation and alternative dispute resolution (ADR). Over 800 participants completed the census survey, including users of mediation services, mediators, advisors, educators, students, providers and other stakeholders.

With very little statistical data available in this area, the results, according to IMI have been “particularly insightful and eye opening”. Read more

Posted by Natasha Mellersh in ADR, Mediation

‘Linking Your Thinking’ To Satisfy Your Clients

Небесные струныDo you want to make sure that your commercial clients are happy with the dispute resolution services you are providing? Are you committed to tailoring your business to meet their needs? Irrespective of whether your clients are ‘dispute-savvy’ or still finding their way into the world of commercial dispute resolution, there are things that you can do to make sure you meet their expectations.

The Global Pound Conference is travelling around the world asking commercial users, judges, mediators, lawyers, academics and government officials to share everything they know about the best ways to meet the expectations of commercial clients. After analysing the feedback from the first 350 respondents, we have identified three steps that can help you meet the expectations of your commercial clients. Read more

Posted by Emma-May Litchfield and Danielle Hutchinson in ADR, Data Analysis, LOC Coverage

New Competency Criteria for Investor-State Mediators

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Investor-state disputes are constantly changing, as are the ways they are being resolved. While arbitration is well known in the area of investor-state disputes, mediation is also beginning to gain ground as a potential choice for some investors.

In September, the International Mediation Institute (IMI) published a comprehensive set of Competency Criteria for Investor-State Mediators, aiming to assist users and providers of dispute resolution services in selecting suitable mediators for disputes between private sector entities and states Read more

Posted by Natasha Mellersh in ADR

3 Signs That You (Or Your Clients) Are Dispute-Savvy

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Whether you are a dispute resolution practitioner or a commercial operator, you know that some manage to navigate the commercial dispute resolution world more effectively than others. What distinguishes those who thrive from those who barely survive?

The answer may be simpler than you think, but the implications of understanding this could have a big impact on the way you approach commercial disputes. Read more

Posted by Emma-May Litchfield and Danielle Hutchinson in ADR, LOC Coverage

Ask An Expert: Babatunde Ajibade

Lagos-based disputes lawyer, Babatunde Ajibade SAN, partner at SPA Ajibade, discusses the increasing complexity of commercial disputes and the importance of effective communication in the field of dispute resolution. 

Read more

Posted by Natasha Mellersh in Access To Justice, ADR, Ask An Expert