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The Art of Mediation Regulation

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The Art of Mediation Regulation

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The Art of Mediation Regulation

  1. 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. 2. REAL Regulation Reflection Engagement Artistry Lifelong learning © Conflict Coaching International 2015
  3. 3. Mediation Friendly © Conflict Coaching International 2015
  4. 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. 5. © Conflict Coaching International 2015
  6. 6. • The L.A. Law Gap • The PWYP Gap • The Tolerance Gap • The Professionalisation Gap © Conflict Coaching International 2015
  7. 7. The Bucket Theory © Conflict Coaching International 2015
  8. 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. 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. 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. 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

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