…Mediation Rules (2012), the ICC Mediation Rules (2014), the ICSID Rules of Procedure for Conciliation Proceedings (2006), the PCA Optional Conciliation Rules (1996), the Stockholm Chamber of Commerce Mediation Rules…
…mediation involving a party who is blind. In “Elections for the Romanian Mediation Council”, against the backdrop of a description of the current mediation climate in Romania, Constantin-Adi Gavrila explains…
…confidentiality carries particular risks for investor-State mediation. One potential advantage often linked to mediation is the capacity for parties to produce different outcomes than would be reached through arbitration. Mediations…
…happens in mediation stays in mediation: new standards of informed consent to mediation in California”, Rafal Morek provides a detailed overview of recent changes to California’s confidentiality mediation regulations which…
…the viability of) mediation for investor-State disputes. To do so, Rachel’s post will explore the enforcement possibilities provided by the Singapore Convention on Mediation, and further examine some of mediation’s…
…mediation systems through the offering of mediation and ombuds services to investors. Fostering investor-state mediation from outside Alternative dispute resolution (“ADR”) mechanisms are often viewed as one of the…
…for contractual mediation provisions, including “minimum and maximum period for the completion of the first mediation meeting”, the site of mediation, and “criteria for choice of mediator.” It formally distinguishes…
…issues in mediation. These include posts on the Singapore Mediation Convention, on proposed mediation legislation in Scotland, on whether judges should mediate, on mediation and the public interest in openness…
…these questions, Charlie draws on insights he has gained from mediation users during his PhD study of mediation parties. Charlie identifies the following “four faces” of good mediation: trust, setting,…
…mediation at SIMC. The SIMC will then fix a date for the commencement of mediation at SIMC (“Mediation Commencement Date”), which will be conducted under the SIMC Mediation Rules. Unless…
…because a mediation concluded without a settlement does not mean that the mediation failed. An unsettled mediation can also yield benefits, such as: (i) a better understanding of the dispute…
…rules and procedural frameworks to support mediation and conciliation, such as the IBA Rules on Investor-State Mediation or the voluntary mediation rules that ICSID is in the process of adopting…
…“mediation” between tax authorities and taxpayers. Constantin notes that the “mediation” described in this law is not actually mediation but negotiation as a third-party mediator is not part of the…
…mandatory mediation provisions in the recent mediation law until September 2019, Haris considers and responds to the reasons for the resistance to these provisions on mandatory mediation. In “Mediation Navigation…
…and officials, and inadequate awareness and confidence in mediation generally. The panellists then moved on to consider the ICSID mediation mechanism and the Korean experience in ISDS mediation. The panel…
…of posts on the Kluwer Mediation Blog, including posts on key legislative developments, cases and conflict resolution programmes. There are, for example, posts on the Singapore Mediation Convention, the recently…
…mediations by referring to a recent mediation. Rick emphasises that the use of the decision tree exercise will help those involved in the mediation make better decisions. In Singapore Convention…
…mediation panel presented this spring during the American Society of International Law’s Annual Meeting. Nonetheless, investor-State mediation still faces skepticism from many arbitration professionals, both because of the limited track…
…the justice system. In “Let mediation be mediation. Conciliation versus mediation in Brazil”, Maria Nazareth de Serpa explains the meaning of each of mediation and conciliation in Brazil. Nazareth describes…
…applies to investor-state disputes of a commercial nature is a separate question from whether investors or states will choose to use mediation. I proffer three reasons as to why mediation…
…Greece’s recent law on mandatory initial mediation sessions; challenges in the transplantation of mediation in Ukraine; pre-school leadership in conflict resolution; and the design of a sustainable mediation public policy…
…to well above US$ 500 million. The international trend towards mediation has been duly recognized: – Adapting to an increased demand for mediation, several institutions have added mediation to their…
…a number of recent developments across the continent that unequivocally favor mediation alongside or instead of arbitration. The first signs of a rising tide toward investor-State mediation The mediation…
…of developing a broader framework on international mediation, which also includes the recent Singapore Convention on Mediation and the UNCITRAL Model Law on International Commercial Mediation. Avenue 2: Institutionalisation under…
