I write here about two contrasting experiences which have, for me, underscored the richness of the mediation process. In one mediation, involving business partners with an ongoing management issue, one of the protagonists (A) suggested bringing in another partner (D) who was not perceived to be a part of the present problem, simply to observe,…

I have been reflecting recently on the individual and collective professional journeys we all undertake – and on the different stages we reach. My reading has taken me to a thought-provoking book by theologian Richard Rohr, entitled Falling Upward. Rohr’s thesis, put very simply, is that there are two stages to life. The first, necessary,…

I have heard the title of today’s post during CPR’s Business Mediation Congress , which took place last week in Brazil. It couldn’t be more correct: companies should not be in the litigation business, but in the business of doing business. With vast participation from different segments of the local business community, two important topics…

It is almost a consensus nowadays that large and small companies, regardless of their business activity or industry segment, must integrate in their corporate and operational strategies a variety of social, economical, and environmental elements in order to not only effectively satisfy all stakeholders, but also to remain sustainable and competitive in the long run….

I don’t mean to argue against the undeniable wisdom of inserting a dispute resolution clause in a commercial contract at the drafting stage. Conventional wisdom says settle your disputes as early as possible – like bubbles off the ocean floor, conflict expands as it rises to the surface and finally explodes into the air. What’s not…

Not so long ago I was a claiming party as part of a group of plaintiffs in the stead of my elderly parents in a multiparty, multimillion dollar mediation. Now, I mediate around 120 mediations every year as a commercial mediator here in New Zealand so it was with a mix of personal apprehension and professional curiosity…

On 25th and 26th June, the ICC and FIDIC (International Federation of Consulting Engineers: http://fidic.org/) hosted their annual conference in Paris. While most of the discussion was, understandably, concerned with either arbitration or adjudication – the latter involving primarily Disputes Boards (http://www.dbfederation.org/) acting under FIDIC contracts – mediation made an appearance at a number of…

Since 2010, when the Brazilian National Council of Justice (CNJ), the agency that controls and manages the quality of civil services rendered by the Brazilian Judiciary Power, issued Resolution no. 125 , the mediation market in Brazil became considerably more active. This new Public Policy provided instructions on the proper handling of conflicts within the…

Despite the beautiful summer sunshine outside the window, the end of holidays always bring us back to the unavoidable reality of the new year: hard work. January is time to go through the large number of data and information that is published every year end, picturing not only the previous year (in this case, 2012),…

The relationship between growth and the combination of knowledge and human capital is no surprise. The economic environment is fast changing and technology driven. The global economy is already what the economists call a knowledge economy, where value increasingly comes from innovation and intellectual property management. No country, region or organization can ignore the challenges…