Risk Management by Mediation – Implications for Cross-Border Disputes

By André Niedostadek. Risks are just a part of our life. They result from an uncertainty in different fields such as financial risks, project risks, legal risks as well as operational risks or reputation risks. But how to deal with risks – especially those that arise from cross-border disputes?

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The Search for the Phantom: Success Factors to Establish Mediation

By André Niedostadek. Today it’s the first anniversary of the German Mediation Act (“Mediationsgesetz”). Congratulations! Unfortunately the joy is tempered slightly. Although mediation has been discussed for ages, the attempts to establish mediation have not worked yet. Of course there are a lot of mediators and there is a lot of training too but nevertheless mediation doesn’t seem to be widely accepted. Working as a mediator is neither a real profession. And – from a comparative point of view quite interesting – it seems that there is a similar situation in other countries. One may get the impression: Is mediation dead? Has it ever been alive?

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Best of Both Worlds: Merging Ethiopian Wise-Counsel Mediation and Facilitative Mediation

By André Niedostadek. Sometimes it seems that mediation is an invention by western countries. But this is not true: For example so-called “indigenous” conflict resolution mechanisms and systems were maintained on the African and the Asian continent for centuries, whereas in Western societies, the traditional systems to resolve conflicts were almost forgotten. Just recently, the alternative dispute resolution mechanisms have been discovered here again, especially mediation.

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Teaching comparative perspectives in mediation?

Just recently found a (worth reading) article by Jacqueline Nolan-Haley, Professor of Law, at Fordham University School of Law titled “Teaching Comparative Perspectives in Mediation: Some Preliminary Reflections” (the article can be found here). There is definitely a growing interest in mediation at the international level. And it is a method that is still developing as a profession. In respect to the chances when dealing with comparative aspects of mediation in particular it would be interesting to know if such a perspective is already taught – either as a stand alone course or as a part of existing courses. If there are any experiences, please let me know (A.N.)

Building bridges – Key issues of comparative mediation

Mediation is an international topic. Therefore it seems to be an interesting area of scientific research especially from a comparative point of view. Just a few aspects that might influence approaches to mediation in different countries cover

  • language
  • culture
  • history
  • geography
  • legal framework

Bernhard Großfeld, Professor Emeritus of Comparative Law, once wrote that one should not concentrate on differences at first sight but identify similarities. I think it’s the same with mediation. With this approach we will get “intercultural bridges” and at least a better understanding of what mediation might be.

Welcome to this new mediation blog

Comparative Mediation – a new blog, that  is committed to developing and enhancing the mediation know how worldwide. It will provide information for individuals as well as organizations to study similarities and differences between mediation approaches of different countries and it is intended to initiate research projects. If you do have any suggestions or comments just let us know.

A few aspects to look forward to:

  • News about mediation
  • Interviews with experts
  • Book Reviews
  • Event notes

Let’s work on best practice of mediation!

André Niedostadek

Prof. Dr. André Niedostadek, LL.M. is the editor of this blog. As a Professor of Law at Hochschule Harz (Germany) and trained mediator his research interest covers interdisciplinary aspects of mediation.