Australia is passing legislation encouraging parties to most forms of civil disputes to take genuine steps to resolve their dispute prior to commencing litigation.
The idea came from a report of…
We are in the midst of the Rugby World Cup 2011 down here in New Zealand – which may not mean much to those nations not playing the ‘great game’ but the tournament is the 3rd largest global…
1. Unlike the arbitral process where courts strive to distinguish between the concepts of a private process and a confidential process, the mediation process is indisputably and inherently…
Plastered onto the rear fender of my next-door neighbor’s Honda is a bumper sticker that asks, “If you can't change your mind, are you sure you still have one?”
It’s a cheeky question perhaps,…
CNJ, the National Justice Council created on December 31st, 2004, and set up on June 14th, 2005 is an organization of the Brazilian Justice Department, with headquarters in the Federal District. It…
I want to debunk two myths about mediation. One, it need not always involve a neutral third party and second, mediation should not just be an institutionalised service or enshrined within law and…
As this is my first post to the new Kluwer Mediation Blog I thought it appropriate to take a moment to introduce myself and provide a brief summary of my background and experience. My intent is that…
As an effect of the Romanian Mediation Law and the EU Directive, for the past years, the mediation profession is growing exponentially in Romania.
To date, seven or eight thousand mediators took the…
The economic challenges facing society have finally hit the civil justice system. Courthouses have seen huge cutbacks, and San Francisco has all but shutdown civil jury trials. No one thought this…
I just returned from (mostly) sunny Brisbane, Australia running a pilot program (5 to 6 September 2011) on intercultural mediation competencies for the International Mediation Institute before…