Category Mediation tools

New Rules! ICC Mediation Rules Launched

  The International Chamber of Commerce has released new rules for mediation and other Amicable Dispute Resolution processes administered by its International Centre for ADR (ICADR). The Mediation Rules, which came in to effect on 1 January 2014, “reflect modern practice and set clear parameters for the conduct of proceedings, while recognizing and maintaining the need for […]

Local Miner lashes out.

Positions and Interests: mediation in WA over mining plant and equipment  Image from vanadiuminvestingnews.com Resource investment group Atlantic Ltd and Australian based mining company Mineral Resources Ltd (MRL) are headed for “contractual mediation” in relation to the “crushing, milling and beneficiation (CMB) plant” at Windimurra, WA. According to Atlantic, it has spent over $20 million […]

3 tips to prepare for mediation – not just for family law disputes!

Mediation is not just for divorcing couples and warring parents. From fencing disputes to workplace conflict, mediation is used to resolve disputes in almost any area of the law or human relations. You do not need to have filed court proceedings or engaged lawyers to have a mediator facilitate your discussions; in fact, many people […]

Fostering trust in mediation

US Secretary of State John Kerry has been dispatched to Jerusalem to mediate the ongoing conflicts between Israel and the Palestinian Authority; but over half the Israelis polled earlier this month do not trust Kerry to act as an impartial mediator (source: FOCUS News Agency). I have written before about the importance of truthfulness in mediation […]

Lessons learned

Writing for the Huffington Post blog, Family Law Mediator Diane L Danois shares the 5 lessons she’s learned from failed mediations. Diane practices in family and relationship disputes, mediating between separating couples. As is common in the family law arena, several mediation sessions are scheduled over a number of days, weeks or even months. Two of […]

Responses to the Indonesian phone-tapping scandal; what Abbott could learn from mediation

Parties to a mediation tend to come in to the process with deeply entrenched positions. In the context of mediation, ‘positions’ means things the party wants, demands, insists upon doing or refuses to do. Positions are usually concrete and absolute. By focusing on positions, the party starts with a solution rather than an exploration of […]

Perspectives on mediation – links

image via The Daily Star Mediation is useful in many and varied areas of dispute; but don’t just take me word for it. Here is what a few other practitioners are saying about mediation: Mediation is not about winning or losing. Rather, it centres on commercial compromise. Ultimately, the aim is the re-establishment of constructive dialogue […]