I. Introduction Part I of this 2-part series, dealt with the following aspects of the Act: the underlying objective behind enforcement of the Act; the scope of applicability of the Act; how does the Act define the term “Mediation” and the significance of that definition; and lastly, the meaning of a “mediation agreement” as…
Introduction Mediation is commonly used as a form of appropriate dispute resolution (ADR) for various types of disputes, and this is increasingly so for intellectual property (IP) disputes. As recorded in the inaugural IP section of the Singapore International Dispute Resolution Academy (SIDRA) Survey: 2024 Final Report (SIDRA IP Survey), 86% of the respondents…
In his book ‘Growth – A Reckoning’, Daniel Susskind eloquently sets out what he terms the ‘Growth Dilemma’ – how to balance the promise of economic growth against its price. The promise comes through the increased productivity inherent in economic growth, which has led to significant improvements in living standards and life expectancy across the…
I. Background That India is a litigious country and that the courts have a backlog of a huge number of cases is a well-worn cliché. Against such a backdrop, the stage has been set for a mediation law for India which will aim to encourage parties to mediate and resolve disputes instead of stepping…
A Case to Remember: A Voyage Charter Dispute In 2024, I mediated 72 cases, but one stood out in particular—a voyage charter dispute involving the loss of cargo during severe weather. It resonated with me not only because of its complexity but also because it touched on a type of dispute I find especially engaging:…
With the arrival of betting platforms and apps in Brazil, discussions about their impacts are on the rise. These games, which promise quick fun, and easy rewards, often trap players in a dangerous mental loop: the myth of the next move. It is the illusion that just one more round will recover all previous losses….
“Beat your ploughshares into swords, and your pruning-hooks into spears.” Surely some mistake, I thought; shouldn’t it be the other way round? Swords into ploughshares and spears into pruning-hooks? It was during Evensong at the magnificent Liverpool Cathedral a few weeks ago that this reading from the Old Testament Book of the prophet Joel caught…
This is the third installment in my ongoing project to compile a list of five books every negotiator and mediator should read. As stated in my previous blogs, the aim is not to focus on titles directly related to negotiation or mediation, like Getting to Yes by Roger Fisher and William Ury or The Mediation…
My attention was drawn recently to a chart illustrating an article in the Financial Times, which showed higher levels of zero sum thinking among those whose early adult years corresponded to a slow-down in economic activity. The degree of zero sum thinking was on a scale of 0-100 where 100 = “Wealth can grow so…
