Shows forms of dispute resolution and the thick line between mediation and arbitration

Law students are probably familiar with a diagram like the one above. It arranges different ways of resolving disputes according to how much say parties have in the outcome. Much as Felstiner and colleagues (1) famously described disputes being transformed into court cases through ‘naming, blaming and claiming,’ this graphic illustrates a parallel transformation in…

On July 12, 2021 the UK Civil Justice Council published its Report on Compulsory ADR . It considered first whether parties to a civil dispute in England and Wales may be compelled to participate in an ADR process. As to this question, it will be recalled that, in the Court of Appeal decision in Halsey…

As the pandemic evolves in our days, similarly to a great majority of countries worldwide, we need urgent and inevitable shifts in behavioral patterns and cultural paradigms in Brazil as well. An average of 80 million cases reflects a traditional approach to judicialization of everyday life issues among Brazilians and a huge burden for our…

Less than you might think, according to Sir Geoffrey Vos, the newly-appointed Master of the Rolls. The Master of the Rolls is responsible for the administration of civil justice in England & Wales. Sir Geoffrey was sworn in to this post in January 2021. He has spoken several times since then about his vision for…

Erisology has been defined as the study of disagreement – where people are no closer to understanding each other at the end of an exchange than they were at the beginning. Sound familiar? Eris was the Greek goddess of discord.  The term was been coined by John Nerst, a blogger in Sweden, who is interested in…

As a mediation trainer and practitioner for more than a decade, it is hearten to see that mediation has gained a prominent role in Hong Kong’s dispute resolution sector with growing popularity amongst practitioners and the public.  Being part of this blooming mediation community and a member of the Steering Committee on Mediation chaired by…

Mr. Jawad has been a mediator since 2007 and a passionate promoter of mediation in India from its earliest days. Jawad works as a mediator and trainer with the Mediation and Conciliation Project Committee of the Supreme Court of India and is a global faculty with ADR ODR International UK. He is a SIMI accredited…

We would like to announce an opening for the position of Associate Editor for the Kluwer Mediation Blog (KMB). The Associate Editor will report directly to the editors Bill Marsh and Nadja Alexander, and work closely with the Kluwer team. In addition, the Associate Editor will regularly liaise with some of the best mediators, mediation…