I have recently been approached to enrol myself in an investor-state mediation training programme and also to speak at one of the sessions. That triggers off my deeper thoughts on the topic of investor-state mediation and related issues. This blog is an attempt to share my thoughts so that fellow mediation practitioners may consider whether…

Law of Georgia on Mediation was adopted by the Parliament of Georgia on September 18, 2019 with 93 votes in favor and 0 against. A little over a month before adoption of the Law, on August 7, Georgia signed the Singapore Mediation Convention, being one of few countries from the region, or even the continent,…

Mediation is certainly featuring in the international news right now. This week Giuseppe De Palo posted an enthusiastic message about workplace conflict resolution. He congratulated the Office of the Ombudsman for UN Funds and Programmes as it prepares to establish a world-wide panel of mediators to make mediation “the first, natural step to take in…

Is this yet another case in which New York is setting global trends? By the end of the year, the state courts in New York are due to have a system in place requiring that civil and commercial disputes be resolved through presumptive mediation. “Presumptive mediation” means an “automatic”, pre-trial, statewide program of court-sponsored ADR….

On 2 August 2019 the “3rd Asia Pacific Conference, Singapore Convention on Mediation: Strategies of China, Japan, Korea and Russia” was held in Seoul, Republic of Korea (Korea). The Conference centred on the Singapore Convention on Mediation (Singapore Convention), with distinguished speakers from across the region sharing their opinions and analysis of countries’ perspectives on…

I am very happy to share with all of you that on October 28 – 30 I will take part on the 2019 International ODR Forum, in Williamsburg, Virginia, USA, with some of the most outstanding ODR’s thought leaders as Colin Rule, Paul Embley, Daniel Rainey, Ethan Katsh and Orna Rabinovich-Einy, among others. I will…

In Part I, I introduced and responded to concerns relating to China’s legal and judicial system if China signs the Singapore Mediation Convention. This part will focus on other concerns relating to the interests of various bodies of China. 1. Concern over possible harm to the interest of Chinese companies In recent years, the number…

On 20 December 2018, the 73rd session of the UN General Assembly (UNGA) in New York passed a resolution to adopt the UN Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Mediation Convention” or “the Convention”) passed by the United Nations Commission on International Trade Law (UNCITRAL). The UNGA also agreed that the…

The success of international arbitration, among others, is owed to the New York Convention, which provided tools for global enforcement of arbitral awards. To that end, international mediation has been underused often because of the lack of necessary international enforcement mechanisms of mediated settlement agreements. The Singapore Convention on Enforcement of Mediated Settlement Agreements (Singapore…

“In negotiations of all kinds, the greater your capacity for empathy – the more carefully you try to understand all of the other side’s motivations, interests and constraints – the more options you tend to have for potentially resolving the dispute or deadlock.” These are wise words from negotiation guru, Deepak Malhotra of Harvard Business…