Confidentiality, Court Procedure and Litigation, Enforcement, Legal Issues, Legislation, Mediation Practice, Mediation Skills, Mediator liability, Mediators’ Conduct, Practical Challenges for Mediators, Regulation

(Strategic Resolution)/ /Leave a comment

The recent post by Ting-Kwok IU examined the Hong Kong Ordinance designed to protect children from abuse and to protect some professionals (excluding mediators) for reporting such abuse. This has put me in mind of section 316  of the New South Wales Crimes Act, which makes it a crime for an adult who fails, without…

Brazil, Business, Creativity, Dispute Resolution, Efficiency, Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

In recent months, Brazilian startups such as Hurb and 123 Milhas, two prominent players in the country’s tourism market, have encountered significant financial challenges. These companies offered highly attractive promotional travel packages at exceptionally low prices, creating a large customer base. However, when the financial pressures grew, both companies found themselves unable to fulfill some…

Communication, Cooperation, Economics, Leadership, Mediation and Society, Public Policy, Trust, United States

(Core Solutions Group)/ /1 Comment

I’m not really a fan of musicals so I was rather surprised to find myself responding to a friend’s recommendation and booking tickets for of ‘Hamilton’. Having taken the plunge I went further and started on Ron Chernow’s epic biography of Alexander Hamilton. Both the performance and the book are excellent. The show is great…

Confidentiality, Family Mediation, Hong Kong, Legal Issues, Mediation

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Hong Kong has recently passed a piece of legislation with the good intention of protecting children from serious abuse and protecting the specified professionals for making the mandatory reports. Mandatory Reporting of Child Abuse Ordinance (Cap. 650) (“the Ordinance”) was gazetted on 19 July 2024 and it is understood that the legislation will come into…

Mandatory mediation

(Managing Partner, Patnaik and Co)/ /1 Comment

While dust settles on the passing of the Mediation Act, 2023 (“Mediation Act”), many have already written about the different dimensions of mediation under it. India’s mediation regime is unique for not only promoting indigenous modes of mediation, but also for championing mandatory statutory mediation. This includes the obligation to mandatorily utilise the pre-institution mediation…

Cross-cultural, Dispute Resolution

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

Culture shapes how we see the world. It affects perceptions, behaviours, and expectations even within the context of mediation. In a world characterized by diversity, understanding the nuances of cultural influence is important for effective mediation as culture can significantly impact the process. A panel entitled “Cultural Context in Mediation”, hosted by the Thailand Arbitration…

Fear, Mediation, Social intelligence, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

In a previous post, I explored how the Disney movie “Inside Out” cleverly illustrated the complexity of human emotions through the story of a young girl named Riley and her anthropomorphized feelings. Today, I want to analyze the newly released second part of the film, which follows Riley’s journey as she steps into adolescence. A…

Family Mediation, Uncategorized

(Post-Doctorate, Social Innovations Doctoral School, Research and Innovation Centre, Mykolas Romeris University)/ /1 Comment

Mediation has been universally praised as an effective tool in resolving family disputes and lowering the social and economic costs of separation and divorce. This is why many jurisdictions in the recent past have adopted various measures to encourage parties to a family breakdown to try mediation, including through mandating them into the procedure. A…

Commercial Mediation, ICSID, Uncategorized

(Chief Content Strategist at The Moot Court Bench)/ /2 Comments

Efficient and robust dispute resolution mechanisms are imperative to promote foreign investments in a State; with Sri Lanka steadily recovering from an economic crisis, this is vital in creating an investor-friendly environment. Investor-State Mediation (ISM) is an Alternative Dispute Resolution (ADR) mechanism that provides host states and foreign investors with a high degree of autonomy,…

Business, Cooperation, Economics, Mediation and Society, Public Policy, Trust

(Core Solutions Group)/ /1 Comment

A recent Scottish Universities Insight Institute project looking at regional innovation strategies featured a presentation by Peter Wostner from the Institute of Macroeconomic Analysis and Development in Slovenia. He framed the development of innovation ecosystems as a collective action problem. This type of problem has been defined as “a situation in which all individuals would be…