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The Art of Mediation Regulation
- 1. The Art of Mediation Regulation Making it REAL © Conflict Coaching International 2015 Prof Nadja Alexander nadja@conflictcoachinginternational.com Mediator‘s Institute of Ireland Slides from the Keynote address October 2015
- 2. REAL Regulation Reflection Engagement Artistry Lifelong learning © Conflict Coaching International 2015
- 3. Mediation Friendly © Conflict Coaching International 2015
- 4. © Conflict Coaching International 2015 Mediation Mud Map GARAGE D R I V E W A Y CUL DE SAC ROAD NARROWS ROUND ABOUT AUTO BAHN SPEED BUMPS REDUC E SPEED
- 5. © Conflict Coaching International 2015
- 6. • The L.A. Law Gap • The PWYP Gap • The Tolerance Gap • The Professionalisation Gap © Conflict Coaching International 2015
- 7. The Bucket Theory © Conflict Coaching International 2015
- 8. © Conflict Coaching International 2015 Ireland Mediation Friendly Star Rating Transparency & clarity of domestic & international legal frameworks Transparency and clarity of the content of mediation laws Mediation infrastructure and services: quality and access Access to globally recognised & skilled local &foreign mediators Enforceability of mediation and MDR clauses Certain & predictable regulation of insider/outsider confidentiality Certain & predictable regulation of insider/court confidentiality Flexible& transparent regulation of insider/insider confidentiality Enforceability of MSAs and iMSAs Impact of commencement of mediation on litigation limitation periods Attitude of courts to mediation Incentives for legal advisers to engage in mediation Attractiveness of mediation vis-a-vis court
- 9. © Conflict Coaching International© Conflict Coaching International 2015 England Mediation Friendly Star Rating Transparency & clarity of domestic & international legal frameworks Transparency and clarity of the content of mediation laws Mediation infrastructure and services: quality and access Access to globally recognised & skilled local &foreign mediators Enforceability of mediation and MDR clauses Certain & predictable regulation of insider/outsider confidentiality Certain & predictable regulation of insider/court confidentiality Flexible& transparent regulation of insider/insider confidentiality Enforceability of MSAs and iMSAs Impact of commencement of mediation on litigation limitation periods Attitude of courts to mediation Incentives for legal advisers to engage in mediation Attractiveness of mediation vis-a-vis court
- 10. © Conflict Coaching International © Conflict Coaching International 2015 France Mediation Friendly Star Rating Transparency & clarity of domestic & international legal frameworks Transparency and clarity of the content of mediation laws Mediation infrastructure and services: quality and access Access globally recognised & skilled local &foreign mediators Enforceability of mediation and MDR clauses Certain & predictable regulation of insider/outsider confidentiality Certain & predictable regulation of insider/court confidentiality Flexible& transparent regulation of insider/insider confidentiality Enforceability of MSAs and iMSAs Impact of commencement of mediation on litigation limitation periods Attitude of courts to mediation Incentives for legal advisers to engage in mediation Attractiveness of mediation vis-a-vis court
- 11. © Conflict Coaching International 2015 Northern Ireland Mediation Friendly Star Rating Transparency & clarity of domestic & international legal frameworks Transparency and clarity of the content of mediation laws Mediation infrastructure and services: quality and access Access globally recognised & skilled local &foreign mediators Enforceability of mediation and MDR clauses Certain & predictable regulation of insider/outsider confidentiality Certain & predictable regulation of insider/court confidentiality Flexible& transparent regulation of insider/insider confidentiality Enforceability of MSAs and iMSAs Impact of commencement of mediation on litigation limitation periods Attitude of courts to mediation Incentives for legal advisers to engage in mediation Attractiveness of mediation vis-a-vis court
Notes de l'éditeur
- MONEY: Here I need an image and no heading. The image should be involved something like the following: the Irish national flag and five stars (same stars as in the other ppts) and a banner or slogan saying „mediation friendly“ Eg maybe put the stars in the white part of the flag ...?? Can you do something like that?
- Use CCI design logos for heading – and CCI colours/image throughout as you see fit.
- Regulation ‚s job is to mind the gap GAPS And our blind spots Balancing diversity and consistency
- NADJA: AFTER THIS SLIDE ASK REGULATORY QUESTIONS OF AUDIENCE THEN --- REAL REGULATION TO BRIDGE THE GAPS The LA Law Gap: What we offer and what they say they want The Practice-what-you-preach Gap: everthing in mediation is confidential, your MSA is enforceable, you don‘t lose anything by going to mediation – only stand to gain; mediation is voluntary... The Tolerance Gap: What will we tell the Chinese? The Professionalisation Gap: Star power v highly-respected profession ‘[U]sers perceive a need for mediation to develop beyond being an ad hoc, unregulated, inconsistent practice popularized largely through its few star mediators, and to evolve into a globally-recognized, highly-respected profession, populated by many well-regarded practitioners.’ P Deane et al, ‘Making Mediation Mainstream: A User Perspective’, available at www.imimediation.org.
- Money – please replace this with your new amended one. I will do another 3 for France, England and Norhtern Ireland once i have a new template from you.