Court Procedure and Litigation

I started mediating in my early 30s, surely old enough to know the difference between truth and fiction. Yet after a couple of years I began to say, first to myself then to my friends, that the…

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed…

  The impact of the COVID-19 pandemic on the administration of justice has led to commendable judicial innovation, such as the use of virtual hearings, while much of the workload has been postponed…

Is this yet another case in which New York is setting global trends? By the end of the year, the state courts in New York are due to have a system in place requiring that civil and commercial…

   To paraphrase a worldwide cliché, you wait decades for a Mediation Act and two come along at once. On this typically dreich Scottish summer afternoon I find myself in the surprising position of…

Place matters It's good to see authors on this blog referencing academic research - see Rick Weiler's recent post on decision-making. Similarly, a new chapter by Singapore judicial mediator Dorcas…

  [Picture credit: creative commons]  Court cases are an important source of guidance for mediators, disputants and their lawyers. They remind us that the law casts a long shadow even when a…

  While the Brexit saga continues to make headlines around the world, the international mediation community should not forget to keep an eye on recent major developments in the field of ADR. The…

  While The Kluwer Mediation Blog is aimed at an international audience and often deals with issues of transcendent import to those interested in the mediation process (like Bill Marsh’s recent…