It is not always automatically bad if the parties at the mediation table are not diverse, because it might for example just be coincidence. It is problematic however, if diversity was hindered and people faced disproportionate or intentional obstacles to keep them away from the table.
One area of innovation is the continued development and adoption of the Singapore Convention on Mediation (“Singapore Convention”), which if ratified more widely in the coming years will provide an enforceable framework for international mediation.
In Asia Pacific, we have already witnessed changes in the judicial systems to adapt to the new “norm.” While the circumstances present many challenges, there are also considerable opportunities for those who are set to renew and reinvent. What, then, does this mean for the future of disputes?
Regarding communications in arbitrations and mediations, a neutral who interacts with litigants from different backgrounds may wish to establish common ground, emphasize similarities, and establish empathy to help the litigants feel more comfortable in the exchange.
Mediators do not render decisions but rather work to draw parties together by eliminating obstacles to communication and guiding the process away from confrontation and towards reconciliation.
Mediation can be described as a process which leads to the resolution of a dispute through the agreement of the parties with the assistance of a neutral third party, but without the involvement of a judge or arbitrator.
Community mediation centers (CMCs) are participant-focused and have been providing both face-to-face and virtual mediation sessions for decades to meet participants’ needs.
Mediation has become so routine for many of us, we too often forget that it’s not just another day for our clients.
Mediators use different communication skills to help disputing parties regulate their emotions and reactions. In deescalating a conflict, a mediator helps parties calm down, rethink and respond.
Many of the insurers lacked the information they needed to obtain the necessary authority to settle the claim, and many of the policyholders viewed the insurers’ requests for information as excessive or unnecessary, thereby casting a pall over the mediation process.