Japan

Appointment of Mediators, COVID-19, cross-border mediation, Cross-cultural, Developing the Field, Dispute Resolution, Economics, Efficiency, Email, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International commercial mediation, Japan, Legal Issues, mediated settlement agreement, Mediation Practice, Online Dispute Resolution (ODR), Online Mediation, Singapore, Singapore Convention on Mediation

(Singapore International Dispute Resolution Academy)/ /Leave a comment

Hot off the heels of the Singapore Convention, The Singapore International Mediation Centre (SIMC) and the Japan International Mediation Center (JIMC) on 12 September 2020 signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Singapore-Japan corridor, with an economical, expedited and effective route for resolving commercial…

Communication, Experience, Japan, Philosophy, Poetry

(NZ Centre for ICT Law & School of Law, Auckland University)/ /3 Comments

I had planned, indeed had partly written, the usual form of blog for this month. It was to be a further comment on access to dispute resolution and justice, picking up on Zbynek Loebl’s recent blog on developments in ODR, and my own recent participation in a Forum on digital inclusion, hosted by the Department…

Dispute Resolution, Japan, lawyers in mediation, Mediation Practice, mediation process, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Reflective Practice, Scotland, Stories, The role of the mediator, Time Pressure, Uncategorized

(Core Solutions Group)/ /Leave a comment

“You’ve done what?” It took just a moment. The red mist descended. The words were out before I could haul them back in. “You’ve just gone behind my back and undermined what I set out, and we had agreed, we would do….you might at least have had the courtesy…..” The lawyer had just told me…

Bias, Cognitive Bias, Creativity, Decision making, Framing, Japan, Personal Development, Reflective practise, Uncategorized

(Core Solutions Group / Scottish Universities Insight Institute)/ /Leave a comment

A recent visit to Japan coincided with the inauguration of the new Emperor Naruhito and the start of what has been designated as the ‘Reiwa’ era. This is officially translated as beautiful harmony, although other interpretations have also mentioned order and control! At the ceremony to mark his ascension to the Chrysanthemum Throne the new…

ADR, Arbitration, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Japan, Promoting Mediation, UNCITRAL

(Waseda University) and (University of Sydney & Williams Trade Law)/ /2 Comments

These are heady days in international mediation circles. A panel discussion earlier this summer at an UNCITRAL conference entitled “Feel the Earth Move – Shifts in the International Dispute Resolution Landscape,” dedicated largely to mediation, captures the sentiment. Reasons for the excitement include the approval of a draft of the UNCITRAL treaty for enforcing mediated…

ADR, Decision making, Dispute Resolution, General, Governments/Public Sector, Intuition, Japan, Negotiation, Neuroscience, North Korea, peace negotiations, Singapore, United States

(Singapore International Dispute Resolution Academy)/ /2 Comments

Here in Singapore, along with the rest of the world, we await the Trump-Kim Summit scheduled for Tuesday 12 June. What can we expect? While we may have learned to expect the unexpected from these two leaders, Donald Trump and Kim Jong-Un, recent media reports have highlighted one apparently predictable feature of Trump’s negotiation approach….

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Japan, Promoting Mediation, UNCITRAL

(Waseda University) and (University of Sydney & Williams Trade Law)/ /1 Comment

More than 1,400 years ago, Japan codified Confucian and Buddhist approaches to governing in Prince Shotoku’s Constitution, whose first article provides that “[h]armony should be valued, and quarrels should be avoided.” The underlying principle, wa (harmony), was promoted and reflected in the fabric of Japanese society and may have contributed to a persistent preference for…