Leaders’ Opinions

Mediation Remains Elusive in Public Discourse Despite Its Ubiquity

Professor Maria R. Volpe, Director of the Dispute Resolution Program and Dispute Resolution Consortium at City University of New York, discusses the Media’s confusion of Mediation with Arbitration, and how this has perpetuated the mystification of Mediation.

Professional Family Mediation Organisation launched in US

Practitioners of the Family Mediation field in the US have recently come together to form a new national professional membership organisation – the Academy of Professional Family Mediators.
“In the spirit of our continued passion for the field and with the credibility of our leadership positions, we intend to promote a professional venue where efficiency and support operate at the highest of standards…We promote quality work in our field and we intend to increase the credibility of mediation as a better option for consumers confronting family conflicts.”

Interviewer Interviewed. Parts I and II

MIchael McIlwrath, IMI Board Member and Senior Counsel, Litigation, for the GE Oil & Gas division in Florence, Italy, discusses what IMI is about and explains why GE and other companies are supporting this important initiative (article is in Italian).

Conflict: the best feedback process there is!

“Mediation is often seen as remedial process to fix a problem, and used as a last resort before grievances, disciplinaries or exit are considered. Used skilfully and with a coaching mindset it can not only restore important working relationships but also be a powerful developmental tool as well.” 

Liz Rivers, a Mediator and Executive Coach, comments on the power of combining mediation with coaching, suggesting that conflict can be a powerful opportunity for feedback.

Joint submission made to the South African Rules Board for Courts of Law in relation to the Draft Mediation Rules

The South African Rules Board recently published Draft Mediation Rules for the South African High and Magistrate’s Courts. The Dispute Settlement Accreditation Council, supported by a number of leading provider and educational bodies, considers this to be a potentially massive step in the right direction, but has identified a number of possible fatal pitfalls in the proposed Rules.

The Mediators’ Institute of Ireland, Annual Conference President’s AddressNovember 4-5, 2011

Karen Erwin, President of the MII and an IMI Certified Mediator, discusses the changing legal landscape for Mediation and presents some important statistics on the cost of disputes.

Shaped from Within – the relevance of Human Blueprints in Mediation

Annette M van Riemsdijk, Director of the New Resolution Group and an Honorary Director of IMI, discusses aspects of Social Cognitive Neuroscience and “Othering”, and the relevance of these approaches to Mediation Practise.

Standing on the Shoulders of Giants: Artistry, Expertise, and Professionalism in Mediation and the Role of Higher Education

Professor Zariski examines what it takes to be a good mediator. He suggests that mediators should strive for artistry in their work which is the result of “reflection in action”. He surveys the fields of knowledge drawn upon by some of the “giants” in the mediation field. These examples help us to recognize the breadth of knowledge necessary for artistry in practice which should become the new professional standard. He proposes that this knowledge can be academically taught and assessed.

Lawyers’ Resistance to Mediation

Not all lawyers resist mediation, but some certainly do, and the reasons are complex. Professor Don Peters, Professor of Law and Director Emeritus, Institute for Dispute Resolution, Frederic G. Levin College of Law at the University of Florida, made an extensive international study of the subject in 2010.  His findings and conclusionswere published in the Richmond Journal of Global Law and Business in the Fall of 2010.

In February 2011, Professor Peters presented his research at the 2nd Asian Mediation Association Conference in Kuala Lumpur and offered delegates an abridged version.  To download that article, click here

The New Old Lawyer: How Lawyers have Adapted to Mediation to Preserve their Power, Income, and Identity

“The grassroots of the bar, those lawyers who pursue what has been called “ordinary litigation”, have not historically been supporters of alternative dispute resolution (ADR) in general, or mediation in particular. Instead, it has been elite lawyers such as leaders of the organized bar, some judges, community activists, and legal academics who have championed mediation.”

Professor Archie Zariski examines the evolving relationship between lawyers and mediation, in this paper, presented at the 2nd Asian Mediation Association Conference, Kuala Lumpur, February 2011.

Italy’s Lawyers Plan Strike Over New Mediation Law 

…in response to an Italian Legislative Decree requiring mandatory pre-trial mediation of civil and commercial cases, which comes into effect on March 21, 2011.

Mike McIlwrath, IMI Board Member and Senior Counsel, Litigation, for the GE Oil & Gas division in Florence, Italy, comments on this development from the perspective of the user. To read the article, click here

ADR Institute of Canada Approved to Grant IMI International Designation! 

Following the announcement of ADR Institute of Canada’s Qualifying Assessment Program for IMI Certification, Executive Director Mary Anne Harnick discusses the benefits of collecting feedback.

This article appeared in the Winter 2010 edition of the Canadian Arbitration and Mediation Journal (Vol 19, No. 2).

Introducing Mediation Within an Organisation 

Mark Tottenham, Barrister and Mediator, discusses the benefits and challenges of introducing mediation to an organisation.

Community Mediation Clinics – India

People with problems, like people with pain, want relief, and they want it as quickly and inexpensively as possible.  It is in this context that the Indian Institute of Arbitration & Mediation (IIAM) thought of the possibility of establishing Community Mediation Clinics.  Anil Xavier, President of the IIAM, invites support for this Community Mediation Service.

This article appeared in the July 2010 issue of The Indian Arbitrator magazine. To support the initiative, click here

Green Crystal 

Following Copenhagen’s United Nations Climate Change Conference of December 2009, an initiative has been taken to create Green Crystal – a visible body that every nation could call when help in conflicts is needed. You can show your support for Green Crystal by signing this Petition

Petition is circulating by Concerned Mediators who met in Copenhagen to urge Delegates to Take Different Approach to COP 15 Negotiation.  To read and sign the Petition please click here

A View of Mediation in the Future

Jim Melamed of Mediate.Com offers some thought-provoking predictions about the changing face of mediation practice.

The growth of mediation in practice

John Sturrock QC, Chief Executive of Core Solutions Group and IMI Independent Standards Commission member, discusses growth of mediation in practice in light of the current economic climate.

What Does a New Global Leader Mean for the Creation of a Climate for Resolving Conflict?

Eileen Carroll, Deputy Chief Executive of CEDR and a Vice-Chair of the Independent Standards Commission, analyzes President Obama’s sentiments on dispute resolution.

Petition is circulating to urge President Obama to actively promote the use of conflict resolution, originated by Kenneth Cloke. To read and sign the Petition please click here

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