ADR

ADR, Artificial Intelligene, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Technology

, (CEDR - Centre for Effective Dispute Resolution)/ /2 Comments

Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Mediation Practice, Singapore, UNCITRAL

(Singapore Management University)/ /Leave a comment

On 25 July 2018, I was privileged to be part of a conference panel moderated by the inimitable Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy and my colleague at the Singapore Management University School of Law. The panel’s inspired title was “Feel the Earth Move – Shifts in the International Dispute…

ADR, Business, Commercial Mediation, Dispute Resolution, Enforcement, mediated settlement agreement, Uncategorized

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

In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and…

ADR, Argument, Below the line, Brexit, caucus, Clients, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, cross-border mediation, Decision making, Dialogue, Fear, Impasse, Instinct, Intuition, Joint Sessions, Mediation Practice, mediation process, Middle East, Negotiation, peace negotiations, Perception, Practical Challenges for Mediators, shuttle mediation, Stories, Success in mediation, The role of the mediator, Trust, Violence

(Bill Marsh Mediator)/ /2 Comments

Bloomberg (not my usual reading fodder, I confess) carried an interesting piece a couple of months ago, entitled “Meet the Real Force Behind the Brexit Talks”. Yes, it was about Brexit (yawn) but it was about an unseen side of the negotiations. Opening with the line “In every negotiation the most important work is done…

ADR, Conflict, Developing the Field, Dispute Resolution, Mediation Practice, mediation process, Understanding mediation

(University of New South Wales)/ /1 Comment

(This post is being republished because of technical problems when it was first published). Studying and teaching with Professor Frank E.A. Sander at Harvard in the late 80’s was life changing. The energy and vision he showed – going right back to his presentation at the 1976 Pound Conference – persuaded me that fundamental changes…

ADR, Conflict, Dispute Resolution, India, International Mediation, Kashmir, Mediation Practice, mediation process, Negotiation, peace negotiations, Promoting Mediation, Training, Transformation, War Stories, Young Mediators

(Peacekeeping and Conflict Resolution Team)/ /1 Comment

The Kashmir valley in India is a stressed region and though older generations have ‘lived’ through some tense winters, this generation is not ready to ‘survive’ through the silence and indifference. Deaths are on the rise and if this constantly raging battle between the militants and the Indian administration is not addressed appropriately and immediately,…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement, Settlement Agreements, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /3 Comments

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution…

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

(FORARB/Charles University)/ /12 Comments

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, Decision making, Dispute Resolution, Mediation Practice, National Mediation Laws, The role of the mediator, Vietnam

(Vietnam International Arbitration Centre) and (University of Economics and Law, Vietnam National University)/ /Leave a comment

In recent years, Vietnam has boosted its legal framework for commercial mediation. The story began with the promulgation of the new Civil Procedure Code 2015 whose Chapter 33 serves as the legal basis for the recognition of out-of-court mediated settlement agreements. Then, the Government issued Decree no. 22/2017/ND-CP on Commercial Mediation (“Decree 22”) detailing and…

ADR, Commercial Mediation, Developing the Field, ICC Mediation Competition, International Mediation

(Kwok, Ng & Chan, Solicitors & Notaries)/ /4 Comments

I still remember the very first time I met Colin. It was during my CIArb fellowship oral assessment in Hong Kong. Entering the room with an overwhelming presence, he asked the candidates several questions on costs in arbitration. While the questions themselves were tough and challenging, it was apparent through his encouraging tone and body…