The arrival of the internet age has posed many new challenges as a larger part of the economy has started to operate online and transnationally with a new emerging framework. After the spread of the global computer network and the rise of online business activities and operations, it became necessary for disputes between contracting parties…

My guess is that most of my fellow authors on this blog, and probably a high proportion of readers, work in a mediation environment is which clients are represented by counsel. Indeed, if you track back over a number of entries in which matters of process are discussed, it seems typically assumed that counsel are…

This blog was written in response to several recent meetings with different audiences, which illustrated for me the diverse perceptions of and responses to the role of digital technologies across the practices of dispute resolution. On the one hand, I hear of a cautious judicial recognition that the courts need to develop (and develop soon)…

Artificial Intelligence (AI) is unquestionable one of the hottest topics at the moment. At the 2017 International Bar Association Annual Congress, that has just ended in Australia, one of the most recurrent and discussed question was: Will Artificial Intelligence ever be able to replace lawyers or the Law practice as we currently know ? Before…

In 2011, a computer gained fame as a celebrity. Its name was Watson*, of IBM. This was right after taking part in a very popular Q&A show on American TV (Jeopardy), in which Watson, with its ability to understand our language using only information recorded in its memory, and working offline, managed to successfully overcome…

This is not a blog about the novel and films that might have captured the “grey” zone in public imagination. Rather, it’s about uncertainty, both within and about mediation. These notes also owe much to conversations with mediation colleagues at the ICC’s mediation competition in Paris in early February, over coffees and the occasional glass…

I begin with two poetic images. One is from an 8th century Taoist poem – I asked the boy beneath the pines. He said, “The master’s gone alone Herb-picking somewhere on the mount, Cloud-hidden, whereabouts unknown.” [Chia Tao (777-841)] And the other, more recent, from W H Auden’s poem “Law Like Love”: And always the…

On 15 February 2016, the European platform for solving disputes arising out of online purchases (https://webgate.ec.europa.eu/odr)the ODR Platform, based on EU Regulation 524/2013 (the Regulation) was officially launched. The platform enables EU consumers and traders to settle their disputes by putting them in touch with the ADR providers selected by Member States. This platform is…

In this blog, I’ll follow up on Deborah Masucci’s overview, and in doing so I’ll offer a three observations about technology and one about a very non-technological aspect of mediation. First, on the technology: as those who were there will know only too well, and those who have followed at arm’s length will appreciate, the…

“Stand by your devices”; or “Access through the [virtual] looking glass” I take the first phrase of this blog title from a throw-away line in one of the recent comments by a student in my current Negotiation and Mediation class. The context is this: my university has implemented an Emergency Preparedness Teaching and Learning [EPTL]…