Causes of Conflict, Cognitive Bias, Communication, Cooperation, Decision making, Dialogue, Dispute Resolution, Future of mediation, Mindset, Negotiation, Reflective Practice, Scotland, Transformation

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“Beat your ploughshares into swords, and your pruning-hooks into spears.” Surely some mistake, I thought; shouldn’t it be the other way round? Swords into ploughshares and spears into pruning-hooks? It was during Evensong at the magnificent Liverpool Cathedral a few weeks ago that this reading from the Old Testament Book of the prophet Joel caught…

Business, Cooperation, Economics, Framing, Game Theory, Public Policy, Trade, Uncategorized

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My attention was drawn recently to a chart illustrating an article in the Financial Times, which showed higher levels of zero sum thinking among those whose early adult years corresponded to a slow-down in economic activity. The degree of zero sum thinking was on a scale of 0-100 where 100 = “Wealth can grow so…

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In September 2024, the National Council of Justice (CNJ) in Brazil approved Resolution No. 586, marking a significant step forward in labor conflict resolution. This development builds on the country’s ongoing efforts to modernize its labor laws, as I discussed back in 2018 when I highlighted the need for a more efficient, consensual approach to…

caucus, Causes of Conflict, Conflict, conlfict coaching, Dispute Resolution

(University of New South Wales)/ /2 Comments

As you read this, put your hand up if you are a parent, grandparent, uncle, aunt or anyone who regularly spends time in the company of young children. If you fall into this category (and it probably covers most of you who are reading this) you are almost certain to have experienced the phenomenon of…

Commercial Mediation, EU Mediation Directive, Future of mediation, Legislation, Mediation Act, Mediation Reforms (Legislation, etc.), Opt-Out, Workplace Mediation

(ADR Center Romania)/ /2 Comments

This post was drafted by Leonardo D’Urso, Julia Radanova, and Constantin Adi Gavrila. Introduction In the variegated landscape of European legal systems, mediation has often been overshadowed by traditional litigation. Yet, the winds of change are blowing, particularly with the emergence of soft mandatory mediation models. Among these, Italy’s opt-out model stands as a beacon…

Accreditation, ADR, Georgia, Lawyers, lawyers in mediation, Legal Hub, Legal Issues, Legislation, Mediation, Mediation Act, Mediation Training, Training

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Nadja: Irakli , thanks for making the time for this chat. Before we start, can you say a little bit about your role in mediation in Georgia and the region?Irakli: Thank you for inviting me and expressing interest towards Georgian mediation. I hold several roles in the development of mediation in Georgia: as the Chairman…

Creativity, Decision making, Economics, Mediation and Society, Philosophy, The role of the mediator, Uncategorized

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Making the ‘right’ decision can be one of the hardest parts of the mediation process. Once understanding of has been enhanced and options thoroughly explored – how best to choose a way forward? One of the great Enlightenment thinkers may be able to offer some help. Adam Smith is best known for ‘The Wealth of…

Commercial Mediation, Investor-state mediation, Mediation Training, Middle East, New York Convention, Promoting Mediation, United Nations Convention on International Settlement Agreements Resulting from Mediation

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

The United Nations Development Programme (UNDP), supported by the European Union, established a “Support to Justice Initiatives Curbing Corruption and Promoting Commercial Dispute Resolution Programme” in Iraq in 2021. As part of that programme, the UNDP organised two intensive courses in commercial mediation for university law faculties in January and February 2024, taking place in…

Confidentiality, Court Procedure and Litigation, Enforcement, Legal Issues, Legislation, Mediation Practice, Mediation Skills, Mediator liability, Mediators’ Conduct, Practical Challenges for Mediators, Regulation

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The recent post by Ting-Kwok IU examined the Hong Kong Ordinance designed to protect children from abuse and to protect some professionals (excluding mediators) for reporting such abuse. This has put me in mind of section 316  of the New South Wales Crimes Act, which makes it a crime for an adult who fails, without…