…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…
…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…
…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…
…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…
…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…
…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,…
…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…
…investor-State mediation has strengths relative to arbitration, any reform must carefully integrate mediation with existing processes and reform efforts.1)This post builds on: Esmé Shirlow, ‘The Promises and Pitfalls of Investor-State…
…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 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…
…“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…
…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…
…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…
…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…
…new definition of mediation, Greg Rooney suggests a new definition of mediation and identifies the variety of approaches to mediation that fit within his proposed definition. Greg then applies the…
…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…
…always the case that states necessarily shy away from mediation. For example, the Government of Indonesia, in its submission to the UNCITRAL Working Group III, suggested mandatory mediation after the…
…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…
…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…
…unequivocally favor mediation alongside or instead of arbitration. The first signs of a rising tide toward investor-State mediation The mediation of international economic disputes, and investor-State mediation in particular,…
…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 in…
…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…
