This series of blogs posts explores investment mediation from a variety of angles. In this third installment, we explain the primary differences between mediation and conciliation at ICSID. In part one, we explore how to determine whether mediation is an appropriate option for resolving an investment dispute, while part two looked at what mediation is—and…

Dear Young Mediation Enthusiast, Last December, I sent you a letter and shared three topics of mediation, namely, (1) qualifications; (2) practice and marketing; and (3) training, with you. Thank you for keeping in touch with me despite the pandemic. I am glad that you are still keen to start your mediation practice. Your further…

On the 16th of November 2021, Ukraine has finally enacted the Law on Mediation as Rafal Morek has already written. Ukraine was perhaps the last country of the post-Soviet block to do so. It took more than 10 years and 14 official drafts registered at the Parliament, and enormous work of the mediation community to…

by Dr. Michael Komuczky, attorney at law at Lansky, Ganzger, Goeth, Frankl + Partner (Vienna, Austria), and Sima Ghaffari, ICC YAF Representative and associate at Ferdowsi Legal (Tehran, Iran) There has been a significant increase in the debate on multi-tiered or hybrid dispute resolution clauses, as can be seen in this Blog or the Kluwer…

When I was recently asked to say something about the “future of mediation” for International Mediation Awareness Week, with a focus on dispute resolution and culture, I first got my crystal ball out of the cupboard, dusted it down, and had a good stare into it. Unfortunately, it wasn’t working very well and I was…

Setting the scene Having participated in mediations only as a mediator, trying to be polite and respectful while appearing to be confident when actually terrified, I recently found myself participating in a mediation as a supporter of one of the parties, a friend of mine in a difficult situation. Engaging with the mediator The mediator…

It has taken a lot of time and effort for the Ukrainian mediation community to enact the law on mediation (the “Law”). On 16 November 2021, the Ukrainian Parliament finally passed it. This development opens up a new chapter and further prospects for the growth of mediation practice in Ukraine. Congratulations to all my Ukrainian…

For readers who are new, the “Neuro-Linguist’s Toolbox” series is an ongoing series focused on using Neuro-Linguistic Programming (NLP) in our practice of amicable dispute resolution. The first section focused on rapport (the first of which can be found here). The second section focuses on matters of self-care and personal improvement for mediators (the first…

This series of blogs posts explores investment mediation from a variety of angles. In this second installment, we focus on what mediation is—and how it works—in the context of investment disputes.  In part one, we explore how to determine whether mediation is an appropriate option for resolving an investment dispute, while part three outlines the…