A model dispute resolution clause that can often be found in domestic commercial contracts reads “(1) The parties have agreed that all disagreements regarding this agreement be settled amicably by their representatives.; (2) If it is not possible to resolve disputes amicably, the parties will address the competent courts of law.”. The language of the…

This post was inspired by conversations with a group of people that I’ve joined last weekend for an amazing field trip in Southern Carpathians. In addition to breath-taking landscapes, mountains are teaching us many lessons, including listening, patience, hope and diversity of paths and destinations. Therefore, mountain walks are not only excellent opportunities for exercises…

We agree sometimes to engage in a simple dialogue or in a mediated conversation with other people, but do we necessarily mean the same thing when thinking about dialogue? Are there significant process impacts induced by our perspectives and expectations? And could the dialogue process be more effective should these differences are clarified beforehand? What…

Question How long it takes before your average mediation is concluded? You may have experience with the mediation process as a mediator, party, advisor, or referral. Or not, and you may simply wonder how much time is needed for a mediation process to be concluded. Theory and practice It’s interesting if we think about the…

Speaking recently with a lawyer friend about the way that mediation is impacting the traditional justice mechanisms, I was happy to observe more openness towards ADR than the usual “allergy to it”, yet the honest reply included “[…] unfortunately, not only lawyers can provide mediation services, and this will hurt the quality”. Of course, this…

This article was prepared by Rasim Gjoka, Merita Bala and Constantin-Adi Gavrilă, mediators and company-community facilitators. The idea to write about this topic came up after a meeting of community and company members, discussing on finding solutions to sensitive issues -related to environment, safety, investment and employment. After the interactive communication and dialogue, and sometimes…

This post should be about trust and credibility, moreover when it comes for reasons to choose mediation. We recently received a request for mediation from a family that encountered difficulties in engaging with their new neighbours that bought the house next door. That city centre area is packed with houses close together that are left…

The more I got involved in the practice of mediation I developed my understanding about why people may be interested to use mediation. It seemed to me initially that mediation is mostly about resolution of conflict, ideally in a way that would not only resolve the issues, but would also address the causes and improve…

I practice, teach and preach mediation for the past fifteen years and whenever I would introduce myself as a mediator the vast majority of people would still have confusions, if not difficulties, in having a clear representation of WHO a mediator is, WHAT is it that a mediator aims to achieve, for WHOM, WHAT he…