ADR, Costs in Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Third Party Funding, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

In a world where business disputes can drag on for years and generate exorbitant costs, mediation stands out as an efficient path to resolving conflicts more quickly and economically. However, when third-party litigation funding is involved, the dynamics shift significantly. The key question is: does litigation funding encourage mediation, or does it become an obstacle…

ADR, Conflict, crisis negotiatons, Dispute Resolution, Framing, Go to the balcony, Impasse, International Mediation, Tactics, Violence, War Stories

(University of New South Wales)/ /Leave a comment

Fisher and Ury’s Getting to Yes (first published in 1981 and never out of print)  was followed ten years later by Ury’s Getting Past No.  Both made a significant impact on our negotiation preparation and engagement. These texts, and others that followed, changed the landscape of negotiation in ways that have been remarkable and enduring….

Enforcement of a Mediation Clause, Future of mediation, India, Mandatory mediation

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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…

Commercial Mediation, Intellectual Property, Singapore

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

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…

Argument, Communication, Decision making, Dialogue, Economics, Legislation, Policy, Public Policy, Scotland

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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…

Commercial Mediation, India, International Mediation, Uncategorized

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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…

Business, Commercial Mediation, cross-border mediation, Cross-cultural, International commercial mediation, International Mediation, Mediation Outcomes, Mediation Practice, War Stories

(FORARB/Charles University)/ /Leave a comment

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:…

Bias, Brazil, Conflict, Decision making, Game Theory, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

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….

Causes of Conflict, Cognitive Bias, Communication, Cooperation, Decision making, Dialogue, Dispute Resolution, Future of mediation, Mindset, Negotiation, Reflective Practice, Scotland, Transformation

(Core Solutions Group)/ /2 Comments

“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…