Bias, Causes of Conflict, Cognitive Bias, Communication, Decision making, Economics, Framing, Mediation Practice, Neuroscience, Policy, The role of the mediator

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Daniel Kahneman, the psychologist who won the Nobel prize for economics, died in March. He described himself as the grandfather of behavioural economics, which provides so many insights into how people perceive the world and take decisions in practice, rather than in the more theoretical, rational world of homo economicus. His book ‘Thinking Fast and…

Dialogue, Hong Kong, Mediation, MEDIATION EVENT

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Mr. Paul Lam SC has been the Secretary for Justice (SJ) of the Hong Kong SAR Government since July 1, 2022. Prior to joining the government, Mr. Lam had a distinguished career as a Senior Counsel in private practice, specializing in general civil and commercial proceedings. He was called to the Hong Kong Bar in…

Arbitration, Creativity, Developing the Field, Dispute Resolution, Due Process, ICSID, International commercial mediation, Investor-state mediation, Legislation, Med-Arb Clauses, mediation process, Mediators’ Conduct, National Mediation Laws, New York Convention, Role of Mediator, Settlement Agreements

(Strategic Resolution)/ /1 Comment

Rafal Morek’s post last month, Investor-state disputes: how arbitration and mediation can intertwine to provide more resonant solutions, emphasized the increasing use of mediation to resolve investor-state disputes, albeit still confined to a small number of cases under the International Centre for Settlement of Investment Disputes (ICSID) Convention. As the late Professor Derek Roebuck noted…

Brazil, Business, Community Mediation, Uncategorized

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Environmental, Social, and Governance (ESG) sustainability has become a global priority for corporations. As part of this movement, mediation emerges as a powerful tool to promote effective dispute resolution and to align with ESG principles. The G20 meeting recently held in Rio de Janeiro, my home city, highlights the urgency of addressing environmental and social…

Causes of Conflict, Communication, Conflict, Cooperation, Dialogue, Mediation and Society

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This is Part 2 of a two-part blogpost. Part 1 was published in January 2024. This blog explores what narrative means for us in the field of conflict resolution as we navigate an increasingly complex global context. Where are we now? The conflict resolution field has also been active in the task of challenging and…

ICSID, International Conciliation, International Law, International Mediation, Investor-state mediation, Singapore, Singapore Convention on Mediation, Uncategorized, United Nations Convention on International Settlement Agreements Resulting from Mediation

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Singapore is widely known as a leading centre on the map of international mediation. On 7 August 2019, a signing ceremony for the United Nations Convention on International Settlement Agreements Resulting from Mediation, nowadays commonly known as the Singapore Convention, was held there. On 23 February 2024, Singapore will host the 25th International Bar Association…

Bias, Causes of Conflict, Cognitive Bias, Communication, Cooperation, Cross-cultural, Dialogue, Game Theory, Mediation and Society, Trust

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Tribalism is often referenced as a significant factor in much of the conflict we see around us at the moment. Perhaps this isn’t so surprising when we look back at the story of human evolution as described by biological anthropologist David Samsom in a recent book “Our Tribal Future: How to channel our human instinct…

Book Review, Conflict, Dispute Resolution, Economics, Future of mediation, Game Theory, History of mediation, International Mediation, Leadership, Mediation and Society, Mediation Practice, mediation traditions, peace negotiations, Role of Mediator, Uncategorized, Understanding mediation

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The Magic in Mediation This is a longer blog post than is normal but I will not be alone in describing Ken Cloke as one of the most influential figures in my life, both professionally and personally. Ken’s wisdom and humanity, expressed so well in his many books and seminars, have been hugely important to…

ADR, Conflict, Creativity, Framing, Mediation, Negotiation, peace negotiations, Stories

(University of New South Wales)/ /2 Comments

This is Part 1 of a two-part blogpost. Part 2 will be published in February 2024. This blog explores what narrative means for us in the field of conflict resolution as we navigate an increasingly complex global context. We humans love stories. Wherever we are in the world, whatever our culture, our beliefs and our…

Brazil, Developing the Field, Dispute Resolution, Mediation, Uncategorized

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As I mentioned before in some posts here at Kluwer, according to the Brazilian National Council of Justice, there are close to 90 million lawsuits currently in course in the country. Moreover, on average, it takes around 10 years for a lawsuit to reach closure if all appeals have been exhausted. Interestingly enough , one…