ADR

Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy

Update: New Public Consultation On Shaping European Investment Dispute Resolution Policy

The European Commission (EC) has launched a new public consultation on the EU’s investment dispute resolution policy along with the options for multilateral reform, including the possible establishment of a permanent multilateral investment court.

The EC is now calling for comments on its most recent proposals, urging members of the mediation, conflict management and dispute resolution community to participate in the process. Read more

Posted by Natasha Mellersh in ADR, News Analysis
Community Mediation – Improving Access to Justice

Community Mediation – Improving Access to Justice

The denial of justice through delay is the biggest mockery of law! Considering the fact that it takes an average of 15 years to resolve a civil or commercial dispute in India, it is not limited to mere mockery – but the delay in fact kills the entire justice system of the country. The legal system is simply not equipped to handle the number of cases filed. It is often said that litigation is an unwelcome house guest that stays for years or even decades. Read more

Posted by GPC Series in 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 GPC Series in ADR, MediatorTV
Matching Arbitrators To Party Expectations

Matching Arbitrators To Party Expectations

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 GPC Series in ADR
The Geneva GPC – Does The Future Lie In Mediation?

The Geneva GPC – Does The Future Lie In Mediation?

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 GPC Series 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 GPC Series in ADR, Beginner's Guide, Mediation, MediatorTV, News Analysis
It’s A Numbers Game: Diversity And Inclusion In International Dispute Resolution

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

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 GPC Series in ADR, Data Analysis
Counting Mediators: Key Trends In International Mediation

Counting Mediators: Key Trends In International Mediation

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

‘Linking Your Thinking’ To Satisfy Your Clients

Do 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 GPC Series in ADR, Data Analysis, LOC Coverage