Posts in Growing mediation
Charlie Irvine’s Challenge to Mediators to Describe Your Mediation System

Charlie Irvine reflects on the diversity of mediation styles and challenges mediators to articulate their personal "real mediation system." He encourages fellow practitioners to describe their approaches, noting that doing so not only highlights the variety of practices in the field but also helps mediators refine their own methods and gain a clearer understanding of their work.

http://indisputably.org/2023/08/charlie-irvines-challenge-to-mediators-to-describe-your-mediation-system/

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Growing mediation, Mediation styles, Preparing for mediation, Suggesting mediation, The mediation processNic ScampionBack to all Resources
Mediation Law During COVID-19

Tony Allen, CEDR, provides a digest of (2020, UK) decisions that relate to mediation and its place in civil justice, including costs sanctions for not mediating, confidentiality of the mediation process, judicial encouragement and facilitation of mediation, and conflicts of interest and mediator appointments.

https://www.cedr.com/mediation-law-during-the-covid-19-pandemic/

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Refusing to mediate, Privilege-confidentiality, Growing mediation, Choosing a mediator, Settlement agreementsNic ScampionBack to all Resources
Time to reconsider compulsory mediation to encourage industry collaboration?

Tracey Summerell and Akin Akinbode of Dentons (London) consider the benefits of mediation, and consider that now (then) may be the correct time to consider compulsory mediation in the construction industry.

https://www.dentons.com/en/insights/articles/2020/october/2/time-to-reconsider-compulsory-mediation-to-encourage-industry-collaboration

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Growing mediation, Construction disputesNic ScampionBack to all Resources
The Long Goodbye? Resistance to joint sessions is growing on both sides of the Atlantic. Is mediation evolving or regressing?

Matthew Rushton (JAMS International) writes that resistance to joint mediation sessions is increasing in both the U.S. and Europe, with significant regional variations—particularly between the East and West Coasts of the U.S.—as lawyers and clients increasingly view them as unnecessary or counterproductive. While this trend challenges traditional mediation dynamics by shifting more responsibility to mediators, the evolution of the process reflects differing cultural attitudes toward negotiation rather than a fundamental decline in its effectiveness.

https://mediationblog.kluwerarbitration.com/2015/08/23/the-long-goodbye-resistance-to-joint-sessions-is-growing-on-both-sides-of-the-atlantic-is-mediation-evolving-or-regressing/

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Growing mediation, Joint sessionsNic ScampionBack to all Resources