Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about. And then, arbitrator proposed a mediation window and asked the football coach: “OK, then… What do you really need? Surely not the small amount of money you are claiming?” After a moment of hesitation, claimant…
As I have proudly published in several articles last year, Brazil has come a long way until it finally managed get its first Mediation Law into force. Find below a brief historic to remember this path: • 2004 – Start of the Judiciary Reform • 2010 – Ordinance No. 125 creates the National Judiciary Policy…
(This is a ‘letter to self’ about court ADR research sent from the American Bar Association Dispute Resolution Conference, San Francisco, April 2017.) Do Litigants Know Their Options? It’s always fascinating to come to a country where mediation is business as usual. There are some downsides to this, but the upside that immediately strikes a…
In the past few years Singapore has been busy revising, refining and extending its dispute resolution offerings in cross-border litigation, arbitration and mediation. In 2017 Singapore offers international parties a full suite of dispute resolution services for commercial cross-border disputes. The Singapore International Arbitration Centre (SIAC) is well-established, having been founded in 1991, and Singapore…
John and David Sturrock 1. Introduction Several years ago, while travelling back with my son David to Oxford where he was studying as an undergraduate, we discussed my work as a mediator and his study of economics, particularly the learning for us both from Game Theory. I (John) had been familiar with The Prisoners’ Dilemma…
“Life is a lottery and a lot of people lose but the winners, the grinners with money colour eyes eat all the nuggets and order extra fries” – Paul Simon, The Werewolf Lawyers who think their clients have ticked the ADR process box by saying their clients have tried ADR in their own negotiations without…
It is the year 2036. The 26th Investment Arbitration Day is held in Prague. Good a half of the discussions is dedicated to different issues related to mediation of the investment disputes. They are, however, not regarded as an outlandish, but rather as an up-to-date topic. Indeed, there is only a couple of BIT and…
Many thanks to everyone who took part in the Kluwer Mediation Blog’s inaugural summer quiz. We are delighted to announce that the winner is Dr Despina Chatzimanoli, an accredited mediator and Legal Expert at the European Banking Authority in London. Congratulations Despina. The coveted prize is a copy of the very recently published Essays on Mediation,…
A few months ago I painted a not-terribly-flattering picture of Scottish justice as experienced by small claimants – (Oiling the Wheels of the Justice System). Seen through the eyes of a mediator (and ex-lawyer) the language, practices and architecture seem calculated to confuse those most in need of assistance and clarity like unrepresented parties and…
We first worked together in the competition law department of an international law firm. 14 years have since passed – at a spirited pace – and we now find ourselves, for an assortment of reasons and opportunities, working in mediation. On a rainy summer’s day in London, I met with Suzanne Rab, a barrister at…
