Ireland’s new mediation law, a strategy for the implementation of mediation within the Ukrainian court system, the lessons emerging from the Global Pound Conferences, developments in Online Dispute Resolution… these are just a handful of the topics which were addressed on the Kluwer Mediation Blog in November. Below you’ll find a very brief summary of last month’s posts on the blog. We invite you to take a look.

In “What The Parties Really Want – Interview 1 – Rebecca Clark”, Bill Marsh shares the first of a series of interviews with experienced business users about what they really want from mediators and mediation. Rebecca Clark, now a full-time mediator, and formerly a large-scale user of mediation, offers her user perspective on a number of key issues including what she looks for from, and in, a mediator; how she selects a mediator; and what mediators can do better.

In “Et Voila! Ireland’s Mediation Act 2017”, Sabine Walsh provides a detailed review of Ireland’s new Mediation Act which was signed into law on 2nd October 2017. Sabine examines the provisions which could be controversial or problematic to implement and shares her predictions of the impact which this new Mediation Act might have.

In “(*) What A Feeling!”, drawing on a recent panel discussion on artificial intelligence and dispute resolution which Andrea Maia co-chaired at the 2017 International Bar Association Annual Congress in Australia, Andrea explores the extent to which artificial intelligence might be able to replace the role currently carried out by mediators.

In “Perspectives on Dispute Resolution”, Joel Lee shares his recent interview with the Singapore International Dispute Resolution Academy (SIDRA) in which he explores, amongst other issues, his thoughts on the top three global trends that are shaping the field of negotiation and dispute resolution; how negotiators and dispute resolution practitioners can position themselves well for the future; and what makes a person a really good mediator.

In “Strategic Approach to Mediation: Lessons From Ukraine”, Tatiana Kyselova summarises the results of her research, carried out jointly with the National Association of Mediators of Ukraine, on a strategy for the implementation of mediation within the Ukrainian court system. Tatiana shares the lessons learnt during the process of developing this strategy, the full text of which can be found here.

In “The Mediation Bug. The Bucerius Law School Hamburg Mediation Competition, And Is The Next Generation Becoming A Generation of Mediators?”, Greg Bond interviews some of the students who took part in the recent Bucerius Law School Mediation Competition. The students share their motivations behind organising the competition and reflect on what they have gained from participating in the competition and, more broadly, from studying mediation.

In Digital Justice: Between Enthusiasm and Caution, Ian Macduff responds to the diverse perceptions of, and responses to, the role of digital technologies in dispute resolution. With the aim of normalising the emerging world of digital technologies in dispute resolution, Ian identifies the main threads in the development of ODR and the drivers behind those developments. Ian also proposes an original way to think about developments in digital justice.

In What Have We Learned From The Global Pound Conferences, Thomas Stipanowich provides his review of the published data from the Global Pound Conferences. Thomas identifies a number of general impressions about current dispute resolution practice and several tantalizing prospects for future evolution which emerge from the data.

In “Restoring Autonomy To The Clients – A Mediator’s True Calling”, John Sturrock reflects on a recent mediation to explain what mediation can, if properly utilised, provide: “a unique forum for facilitating conversations, creating opportunities and providing context for the key players to take responsibility.” As John notes, this seems to be the true calling of mediators.


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