Picture a group of 30 trial lawyers in an almost empty room, loudly chanting, ‘Big Booty, Big Booty, Big Booty!’ Now imagine a pair of them trying to have a conversation without using the letter ‘S’. How about two of them vying for the attention of a third by, at turns, singing, crying, jumping up…

[Author’s Note: Some of the ideas in this post are taken from Nassim Nicholas Taleb’s book “The Black Swan”. I highly recommend it. I have probably misunderstood and misrepresented some of what he has said. All mistakes are mine] I was recently in Seoul presenting at the “Mediation In Asia” conference organized by the Korea…

I was pleased to read that this year’s ICC Competition went so well. Having hosted the UK Law Student Mediation Competition in Glasgow in November I was first-hand witness to the wholehearted, thoughtful way young mediators throw themselves into this work. They appear unaffected by the scepticism of older lawyers. All of this is very…

Imagine an e-mediator who can reframe parties’ feelings and overall mood based on their speech patterns as they talk into an ODR program. Imagine recreating the real-life intensity of emotional and social connections through an avatar in an online mediation setting. Imagine anonymous brainstorming, secret meetings in e-rooms and having access to a web-based intelligent…

This Decree establishes in the French Code of Civil Procedure a Chapter dedicated to the amicable resolution of disputes outside the Courts. Said Decree defines the rules applicable to each of the modes providing for amicable resolution of disputes. The Decree No. 2012-66 (the Decree) mainly enacts rules dealing with certain aspects of mediation in…

Quality standards for the mediator? What conditions are needed for the successful outcome of a mediation? Without parties’ commitment to really resolve the conflict and settle the case, no success is possible. So commitment of the parties is a sine qua non. Still, we must also look at the mediator, who may be essential for…

The recent decision in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Others [2011] HKEC 514, (the “wining and dining” mediation case) has generated a considerable amount of interest in the murky depths of the Arbitration-Mediation (“Arb-Med”) facility. Practitioners and academics are still engaged in deep discourse nearly two months after the case…

Cartesian philosophy encouraged the fragmentation of knowledge and made it possible for different subjects and their branches to appear. Such fact brought about the expansion of knowledge in a microscopic way. Having become highly specialized man believed he had mastered all knowledge without realizing at first he had lost the perspective of the whole. Such…

Like many of us I am constantly torn between simplicity and complexity. The world is complex: that’s a given. But a beautiful morning or a lover’s kiss is simplicity itself, and it’s a fool who overcomplicates it. And so with mediation, the profession/activity/vocation that has grown on me like a skin these last nineteen years….