Women in Mediation

A  UN Women review reveals that since 1992 fewer than 10 percent of peace negotiators have been women.

 On the 21^st of September, on the opening day of the General Assembly’s annual session, Finland’s President Tarja Halonen used her speech to point that women have an important role to play in conflict mediation.

 “The record is far from impressive at the moment as the number of women around the negotiation tables continues to be strikingly low.”

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Mediation in the United Nations

The United Nations Mediation Service

The Mediation Service was established by the General Assembly as part of the United Nations Ombudsman and Mediation Services (UNOMS) to strengthen the United Nations internal justice system.

Mediation skills could be employed in all of the following contexts:
• prior to conflict through preventive diplomacy;
• during a conflict through peacemaking activities;
• after a conflict to promote implementation modalities and agreements
• during peace-building efforts to consolidate peace and lay the foundation for sustainable development.

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The Big International Mediation Conference in Florence, Italy

International Mediation Conference on “cross-border disputes” in Florence on October 20th – 21st

The first International Conference about: “Mediation in cross-border disputes” is taking place today and tomorrow in the luxurious Hilton Metropole Hotel in Florence.

Organized by Resolutia, an Italian ADR experts Association, in collaboration with the German Culture.communication and Steinbeis Beratungszentrum Wirtschaftsmediation.

The Conference has the aim to enhance the development of cross-border mediation and to expand its consistent use across Europe to solve conflicts faster, more effective and more cost-efficient than at conventional judicial proceedings.
Many experts on mediation from all over Europe signed up for this event.

William Ury, the co-founder of “Harvard’s Program on Negotiation” will give a keynote speech, and an additional workshop tomorrow at the end of the Conference:

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Apartment Management Company Nightmare in Priory Hall, Donaghamede

Just  Imagine today  being a director or member of an apartment management company that has resident firemen on the premises 24/7 as the 187 apartment complex, Priory Hall at Donaghmede in the North side of Dublin is considered a “very serious emergency” and the High Court duly made an evacuation order which was sought by Dublin City Council with a stay on the order until Thursday morning. Unfortunately, for the residents it looks very likely that they will be under strict orders to  vacate their apartments under the direction of the team of security guards and they will have a resident Fire Warden on the premises most likely until the end of January 2012!

How do you move 187 people from their homes in this timescale?

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Mandatory Mediation in Italy: ADR, “Alarming Drop in Revenues”!

A European Mediation Directive (2008/52/EC) was published on 21 May 2008, as part of the European initiative to promote and regulate the development of Mediation throughout the EU:

  “the establishment of basic principles in this area is an essential step towards enabling the appropriate development and operation of extrajudicial procedures for the settlement of disputes in civil and commercial matters so as to simplify and improve access to justice.”

The European Union directive called on every E.U. nation (exceptDenmark), to pass a law providing for mediation of cross-border civil cases. Read the rest of this entry »

What’s Happening in Australia

As of 1 August 2011, both the Civil Dispute Resolution Act 2011 and The Civil Dispute Resolution Regulations 2011 came into effect in Australia. The Civil Dispute Resolution Act 2011 is consistent with the Federal Government’s Strategic Framework for Access to Justice in the Federal Justice System, which promotes more effective and earlier dispute resolution so as to avoid barriers to access to justice.  As barriers to justice reinforce poverty and exclusion, this helps the protection of disadvantaged communities to be maintained.  Read the rest of this entry »

Acting For Madam Madonna In Intellectual Property Disputes/Domain Names

The World Intellectual Property Organisation (WIPO) is an intergovernmental organisation with headquarters in Geneva, Switzerland.The WIPO Arbitration and Mediation Centre in Geneva, Switzerland began administering domain name disputes in December 1999. Read the rest of this entry »

Why India should outsource their legal disputes to Ireland

Ireland now has the capacity to be a major player as an international centre for resolving disputes. The US, European and other multinationals operating in India must be totally frustrated with the legal system there that is now issuing hearing dates in the High Court for December 2020. Notwithstanding that the Indian people are renowned for their longevity of life, it is highly unlikely that many of these large companies or personnel might be available to prosecute and defend these cases in 320 years time. The time is now ripe for Irish lawyers and other professionals to be upskilled in alternative dispute resolution and lets see a reversal of outsourcing, the reverse outsourcing of legal disputes in India to the Emerald Isle. Read the rest of this entry »

Mediation: Ahern signs provision to promote mediation in the High Court

The Minister for Justice and Law Reform, Dermot Ahern, T.D., has introduced new High Court rules to promote mediation and conciliation in proceedings in the Superior Courts. The rules were introduced following provisional recommendations from the Law Reform Commission in its Consultation Paper on Alternative Dispute Resolution (ADR). Read the rest of this entry »

“Trouble on the Bus”, Call in the Mediation Police

A Dublin Solicitor, just back from a business trip in China spotted an unusual looking bus whilst he was stuck in a massive traffic jam in one of China’s major cities. Having recently completed an Accredited Mediator Training in Dublin, the signage on this funny looking bus caught his immediate attention. City Bus in the Chinese capital Beijing have just added a new route to their vast network, a ”Mediation Bus”. It’s an unique initiative aimed at dealing with growing disputes and altercations on the buses in the city to and reduce pressure on the capital stressed out transport officials. Read the rest of this entry »

A New Practice Direction from Malaysian Chief Justice on Mediation

The Chief Justice of Malaysia, Tun Zaki Azmi has issued a  new practice direction to  the judiciary to encourage mediation in the Malaysian courts. These judiciary worldwide are sending a clear message to litigants that the courts should not be seen as the first recourse to justice and now disputing parties will have the option of going for court assisted mediation, a free service to the public as long as solicitors and barristers are not engaged or the option of a special one-day mediation at the Malaysian Mediation Centre of the Bar Council.
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Mediator To Join Union Talks With Aer Lingus – Irish Independent – 13th August 2010

AER Lingus and its cabin crew will be invited to talks by a state mediation body in a last-ditch bid to end a dispute over new rosters.

It is understood that the Labour Relations Commission (LRC) will intervene next week to try and resolve a dispute over an increase in their flying hours to 850 a year.

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Lawyers Urged to ‘Buy Into’ Non-Adversarial Mediation – Irish Times – 5th July 2010

THE ADVANTAGES of mediation over litigation in family law disputes have been well-rehearsed. Mediation permits the parties to retain control of the outcome of the dispute; it is a far less bruising process than going through an adversarial court case; it enables the parties to talk directly to each other and to express their hurt and their needs.

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Farmers Urged to Turn from Law to Mediation – Irish Independent – 29th June 2010

Ireland is now regarded as one of the most expensive countries in the world for litigation.

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Legal Aid Board is Keen to Move Mediation into the Mainstream – The Irish Times

The board is considering ways to actively promote the use of mediation and has organised training for some solicitors. Read the rest of this entry »

Fabric Firms Settle Dispute in Mediation

Two Irish companies which weave and supply treated fabric used for aircraft seats have settled, via mediation, their dispute in the Commercial Court against an English company who allegedly supplied them with a fabric fire-retardant product which caused corrosion in aircraft. Read the rest of this entry »

Bank of Ireland Sues Businessman for €12m Over Development Loans

A businessman, Patrick White of Kilberry Manor, Wilkinstown, Navan, Co Meath  is being sued by Bank of Ireland for about €12 million in two separate actions arising from unpaid loans granted for developments in Co Leitrim and Co Kildare, the Commercial Court heard in May. Read the rest of this entry »

New Section for Mediator Search on Law Library Web Page

‘Search for a Mediator’ is a new section the Bar Council has introduced to its website. This allows a search of barristers who are also accredited mediators and links to their profiles on the Law Library site. Read the rest of this entry »

The Cape Town Convention: More Aircraft Leasing Mediations Will Be Heard In Dublin. Good News For Mediators!

Aviareto, an Irish company was successful in beating off international competition in a tender process to establish an International Registry in Blanchardstown in Dublin for the filing of interests in aircraft and aircraft engines.
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Hard-up Farmers Need Trusted Mediators to Tackle Perilous Financial Woes

One could be forgiven for not listening to the Irish news these days. NAMA, Anglo Irish Bank, The Quinn Group, strident teachers: the negativity is relentless. Read the rest of this entry »