Herbert Smith Freehills to host event on improving standards in mediation advocacy

On Thursday 6 December at 6pm, Herbert Smith Freehills’ London office will host an event organised by the Standing Conference of Mediation Advocates (SCMA), a cross-professional association  established to deliver professional excellence in mediation advocacy.  Nicholas Green QC, Edwin Glasgow QC, HH Judge Bartle QC, Michael Leathes (International Mediation Institute (IMI)), Alexander Oddy (Herbert Smith Freehills LLP) and Katie Bradford (Linklaters LLP) will tackle the subject of improving standards in mediation advocacy, through the possibility of accreditation, training and recognition.  The event will inform the SCMA’s response to the consultation paper of the IMI’s task force on mediation advocacy.

This event should be of interest to anyone involved in commercial mediation, and particularly those representing clients at mediations. To register, please email the SCMA’s convener, Andrew Goodman of 1 Chancery Lane, London WC2A 1LF  at agoodman@1chancerylane.com.


Massachusetts Supreme Judicial Court rules on whether mediation requires mediators to be lawyers

In re Bott, 2012 WL 1970456, Docket No. SJC-10935 (5 June 2012) the Massachusetts Supreme Judicial Court held that mediation as a general matter does not constitute the practice of law and therefore practising mediators need not be lawyers. However, the court ruled that it will still regulate disbarred, suspended, and disciplined ex-lawyers who want to act as neutrals. Continue reading

German mediation law comes into force

The German mediation bill has long been a source of debate and disagreement between the German Parliament’s two chambers. Indeed, disagreement over the terms of the bill was referred to mediation deploying provisions under the German Constitution providing for resolution by mediation of disputes between the two chambers.  As a result of a successful mediation,  the bill was signed by the President of the Federal Republic on 21 July,  published in the Federal Gazette, and came into law on 26 July 2012. Continue reading

Mediation Ordinance enacted in Hong Kong giving effect to earlier Mediation Bill

On 22 June 2012, the Mediation Ordinance (the Ordinance) was enacted in Hong Kong.  It will come into force when the Secretary for Justice publishes a notice. The Ordinance creates a basic statutory framework for mediation in Hong Kong and will apply retrospectively to any mediation conducted in Hong Kong or to mediation agreements which provide that the Mediation Ordinance or Hong Kong law applies, other than specific conciliations or mediations which arise under other legislation identified in Schedule 1 of the Ordinance.

The Ordinance covers the definition of mediation and the scope of confidentiality of mediation communications.

Also in the pipeline this year is the establishment of the Hong Kong Mediation Accreditation Association Limited (HKMAAL) which should become the sole accreditation body for mediators and the default appointing body where parties cannot agree on the appointment of a mediator.

Heather Gething becomes latest Herbert Smith accredited mediator

Heather Gething, head of the firm’s tax disputes practice, has recently become a CEDR accredited mediator. This brings the total number of accredited mediators in our London office to 13, demonstrating our experience in and commitment to ADR:

  • Simon Clarke
  • Julian Copeman
  • John Farr
  • Ian Gatt QC
  • Heather Gething
  • Robert Hunter
  • Adam Johnson
  • Gary Milner-Moore
  • Alexander Oddy
  • Charles Plant
  • David Phillips
  • Murray Rosen QC
  • Rupert Shiers

Herbert Smith gains two new CEDR-accredited mediators

Gary Milner-Moore and Rupert Shiers, both partners in the Dispute Resolution division, have just become CEDR-accredited mediators.

Rupert, who is a partner in the firm’s tax disputes practice, undertook the CEDR training in a course specially arranged by CEDR and HMRC for tax disputes experts. Rupert is part of a joint public/private sector HMRC working group that meets regularly to discuss progress and developments in ADR in the context of tax disputes.

Herbert Smith gains another accredited mediator

In January 2011, David Phillips, a senior associate at Herbert Smith, became a CEDR accredited mediator. David has advised clients on a number of mediations, notably in the energy sector, usually in respect of international disputes and often involving multiple parties.

International Mediation Institute – new mediator certification procedures

The International Mediation Institute (IMI) was launched in 2007 in the Hague as an international public policy initiative to provide international mediator standards and training. Its stated goal is to generate enhanced confidence in mediators by way of recognised mediator standards in an otherwise unregulated profession. Qualifying mediators are registered with IMI and IMI certified mediators are openly searchable via the IMI website.

IMI recently concluded its Experience Qualification Path to IMI certification. This was aimed at experienced mediators whereby certification could be achieved without undergoing a separate process. From 1 October 2009 new applicants can be IMI certified by a mediation provider, trainer or professional organisation implementing a programme approved by IMI’s Independent Standards Commission (ISC).