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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Sense or nonsense? In Germany major players plan to establish a certification authority

By André Niedostadek. The first anniversary of the mediation law in Germany is just around the corner – and a new discussion arises too!

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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.)

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.