Neutrality is often held up as the cornerstone of mediation, a beacon of fairness ensuring balanced outcomes. Yet, this hallowed principle might not be as straightforward or as beneficial as it seems. When we peel back the layers, neutrality reveals itself as a nebulous ideal—challenging to define, difficult to achieve, and questionable in its desirability….
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…
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….
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….
