Many jurisdictions have grappled with the extent to which their courts should get themselves involved in the mediation of litigated cases.
Many different approaches have found favour around the globe…
In recent weeks, I have had the privilege of mediating and facilitating in different matters with representatives of four governments . On one occasion they were on the same "side"; on another,…
This question emerges from a recent three-way Skype conversation with a couple of mediation colleagues, in anticipation of a US-sponsored conference on ADR, to be held in Brazil later this year. As…
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 '…
Catching up on a few episodes of Game of Thrones recently, I was enjoying the string-pulling, manipulation and orchestration being engaged in by almost everyone in the fictional world of Westeros.…
At long last, on 20 August 2015, the French Government transposed a 2013 EU directive regulating mediation for consumer disputes. This new piece of legislation, which aims at increasing the use of…
The Proposal in New York
In July 2014, during a session of UNCITRAL that took place in New York, a Proposal to undertake work on the preparation of a convention on the enforceability of international…
From the documents I had been given beforehand, I knew he had substantial assets so I was suprised at his appearance when we met at the start of the day.
He was an old man - I guessed well into his…
My wife and I recently spent a very convivial evening at the beautiful home in Sydney of leading Australian mediator Alan Limbury and his wife, Dr. Rosemary Howell, who coaches a team from the…
The recent blog entry by Matthew Rushton (23 August) is a reminder of what changes can and do happen across the diverse landscape of mediation, and of the ways in which the “classical” model of…