ADR, Appointment of Mediators, Bias, Decision making, Disclosure, Due Process, Ethics, Mediation Practice, Mentoring, Neutrality, Stories, Trust

(FORARB/Charles University)/ /4 Comments

In one of my recent cases, the question of impartiality appeared in quite an irregular way. It happened when I entered the mediation room where both parties were seated together with their lawyers. They were drinking coffee and making small talk. To my surprise, one of the lawyers looked quite familiar. Just for a moment,…

ADR, ADR Agreements, Arbitration, Art, Commercial Mediation, cross-border mediation, Employment, Family Mediation, Language, United States

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James Bond enters a casino where a beautiful girl is sitting at the bar. He approaches her, buys her a drink and makes his obligatory introduction: “Bond, James Bond…” After brief chatting, she asks him about his profession. Then, the usually reckless hero comes up with a cover story: “I am a mediator… Traveling to…

ADR, Cognitive Bias, Decision making, Dispute Resolution, Due Process, Ethics, Fear, Lawyers, Negotiation

(FORARB/Charles University)/ /2 Comments

You can get much farther with a kind word and a gun than you can with a kind word alone. Al Capone This popular quote attributed to the famous US mobster announce the use of force and other dirty tricks in negotiation. I do not especially like it. I would relativise it by the following…

Cross-cultural, Dialogue, Environmental disputes, Sport, UN and International Organizations

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– “You will cut the damn tree down”, one neighbour said. – “Not a chance!” answered the other. – “In that case, I have nothing else to tell you…” – “As you wish…we may also sit here in silence…” Having said that, both parties crossed their arms, backed in their chairs and stared at each…

Conflict, crisis negotiatons, Dialogue, Europe, Football, France, Germany, Stories, Violence, War Stories

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Christmas Spirit in Air It is hard to miss that the Christmas is coming, especially if you live in this part of the world. The streets of both major cities and smallest villages are decorated, the trees’ candles lit up and everybody is carrying lots of presents in public transport. If you are lucky enough,…

ADR, Apology, Argument, Conflict, Decision making, Disclosure, Memory and Illusions, Stories, Trust, Uncategorized

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Shortly after the neighbourhood mediation started, one of the parties turned to me her eyes flashed with anger: “Everything that he is telling is false, do not listen to him…” The other party got het up: “Indeed, Mr. mediator, everything I have ever said was a lie…Do not listen to me…” Without even knowing this,…

ADR, Communication, Creativity, Dispute Resolution, Efficiency, Language, mediated settlement agreement, Negotiation, Stages of mediation, War Stories

(FORARB/Charles University)/ /1 Comment

The parties left my office much later in the afternoon than I would have foreseen in the morning. As I was accompanying them to the exit, the package was already attending me on the front desk: It was the very typewriter I am now writing this blog on. As I was unpacking it, I was…

ADR, ADR Agreements, Arbitration, Conflict, Creativity, Football, Negotiation, Sport

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Minor sport arbitration was heading towards rendering of an award which none of the parties would have been happy about. And then, arbitrator proposed a mediation window and asked the football coach: “OK, then… What do you really need? Surely not the small amount of money you are claiming?” After a moment of hesitation, claimant…

ADR, Conciliation, Enforcement, International Mediation, Pre-arbitration Dispute Settlement Procedures, UNCITRAL

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It is the year 2036. The 26th Investment Arbitration Day is held in Prague. Good a half of the discussions is dedicated to different issues related to mediation of the investment disputes. They are, however, not regarded as an outlandish, but rather as an up-to-date topic. Indeed, there is only a couple of BIT and…