ADR, Arbitration, Commercial Mediation, cross-border mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Japan, Promoting Mediation, UNCITRAL

(Waseda University) and (University of Sydney & Williams Trade Law)/ /2 Comments

These are heady days in international mediation circles. A panel discussion earlier this summer at an UNCITRAL conference entitled “Feel the Earth Move – Shifts in the International Dispute Resolution Landscape,” dedicated largely to mediation, captures the sentiment. Reasons for the excitement include the approval of a draft of the UNCITRAL treaty for enforcing mediated…

Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, International commercial mediation, International Mediation, Japan, Promoting Mediation, UNCITRAL

(Waseda University) and (University of Sydney & Williams Trade Law)/ /1 Comment

More than 1,400 years ago, Japan codified Confucian and Buddhist approaches to governing in Prince Shotoku’s Constitution, whose first article provides that “[h]armony should be valued, and quarrels should be avoided.” The underlying principle, wa (harmony), was promoted and reflected in the fabric of Japanese society and may have contributed to a persistent preference for…