Court Procedure and Litigation

When someone asks me to explain what mediation is, I often find it easier to tell them what it is not. Sometimes I will start by asking them if they are familiar with litigation or arbitration, and…

In 2006 Frank Sander produced his 'Mediation Receptivity Index'(22 Ohio State Journal on Dispute Resolution, 599-618). The MRI would be a way of discerning the extent of 'mainstreaming' or …

  Regular readers of this blog will know that I am exercised by the question of justice in mediation. I test the concept on people I meet; responses range from "that's an interesting idea" to "it…

We have just reached the end of the annual marking season (grading for North Americans). The verbal joust of examinations is almost over. Students get their blows in first; teachers’ strike back…

It’s not always easy to spot trends. But one that I have noticed over the last year or two is an increase in the number of cases I am being asked to mediate in which litigation or arbitration…

  'Justice', an "all-party law reform and human rights organisation working to strengthen the justice system" launched a new report on April 23rd entitled 'DELIVERING JUSTICE IN AN AGE OF AUSTERITY'…

In a previous post, I shared Professor Stacie Strong's call for blog readers to respond to her survey on international commercial mediation practice. Thank you to everyone you did. While the final…

An apple a day keeps the doctor away. The judiciary in the Big Apple took an important step for promotion of mediation. On July 28, the Commercial Division in New York County Supreme Court introduced…

  Intellectual life is beset by ‘gap’ problems. Philosophers wrestle with the ‘mind-body problem’: the gap between material and non-material aspects of human existence. All science can be construed…