ADR

ADR, Apology, Dispute Resolution, International Mediation, Mediation, mediation as a career, Promoting Mediation, Uncategorized

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

Mr Rimsky Yuen GBM SC JP was appointed as the Secretary for Justice of the Hong Kong Special Administrative Region Government (“Hong Kong Government”) on 1 July 2012. Prior to July 2012, Rimsky practised as a barrister primarily in different areas of commercial law. Apart from acting as advocate in court or arbitral proceedings, he…

ADR, Commercial Mediation, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, History of mediation, Judges as mediators, Lawyers, lawyers in mediation, Litigation, Mandatory mediation, mediated settlement agreement, Mediation Lawyering, Mediation Outcomes, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), Mediation Training, Settlement Agreements, Standards, Training, Understanding mediation, user perspectives

(Strategic Resolution) and (University of New South Wales)/ /1 Comment

                                                        In the beginning … Back in the 1976 Pound Conference called “Proceedings of the National Conference on the Causes of Popular Dissatisfaction with the Administration of Justice”, Harvard…

ADR, Arbitration, Dispute Resolution, Future of mediation, Intellectual Property, International commercial mediation, lawyers in mediation, Legislation, Med-Arb Clauses, mediation process, Mediation Reforms (Legislation, etc.), Role of Mediator, user perspectives

(Strategic Resolution)/ /Leave a comment

One of the important things that struck me about Dr. Anna Howard’s brilliant research into Mediation is the discovery that the General Counsel she interviewed for her project feel disappointed that the promise of mediation has not been realized. I feel the same disappointment – although my disappointment has a somewhat different source. What seems…

ADR, Bias, Commercial Mediation, Dispute Resolution, Game Theory, Mediation Outcomes, Mediation wisdom, Reality-Testing

(Bruce Greig, Civil and Commercial Mediator)/ /1 Comment

Kleros is a cryptocurrency dispute resolution platform. It uses crypto tokens and game theory to resolve real-world disputes. It follows an automated process with no discussion, no nuance, no probing questions. It seems to be at the opposite end of the dispute resolution spectrum to mediation. Yet I think there is something that mediators can…

ADR, Commercial Mediation, Deal Mediation, Decision making, Dispute Resolution, Intuition, Mediation wisdom, Uncategorized

(Bruce Greig, Civil and Commercial Mediator)/ /1 Comment

I teach an online course for lawyers to help them become more comfortable working with numbers. We spend quite a lot of time on litigation forecasting: assigning probabilities to different outcomes, combining these probabilities correctly and coming up with an overall estimated value for the claim. This is useful to frame the parameters for any…

ADR, cross-border mediation, Dispute Resolution, Future of mediation, ICSID, Investor-state mediation, Uncategorized

(International Centre for Settlement of Investment Disputes)/ /1 Comment

This series of blogs posts explores investment mediation from a variety of angles. In this third installment, we explain the primary differences between mediation and conciliation at ICSID. In part one, we explore how to determine whether mediation is an appropriate option for resolving an investment dispute, while part two looked at what mediation is—and…

ADR, ADR Agreements, ADR Clauses, Combined Clauses, Commercial Mediation, Conflict, Dispute Resolution Clause, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, International Mediation, Legal Issues, Med-Arb Clauses, Pre-arbitration Dispute Settlement Procedures, Uncategorized

(Lansky, Ganzger, Goeth, Frankl & Partner Rechtsanwälte GmbH) and (ICC YAAF)/ /Leave a comment

by Dr. Michael Komuczky, attorney at law at Lansky, Ganzger, Goeth, Frankl + Partner (Vienna, Austria), and Sima Ghaffari, ICC YAF Representative and associate at Ferdowsi Legal (Tehran, Iran) There has been a significant increase in the debate on multi-tiered or hybrid dispute resolution clauses, as can be seen in this Blog or the Kluwer…

ADR, Conflict, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Global Pound Conference Series 2016-17, Legal Issues, Mandatory mediation, Mediation Reforms (Legislation, etc.), Public Policy, Reform

(Strategic Resolution)/ /Leave a comment

As mentioned in my last blog , the UK Civil Justice Council, in its June 2021 Report on  Compulsory ADR , endorsed the idea, contrary to the ruling in the notorious Halsey case, that unwilling parties in dispute may lawfully and appropriately be compelled to participate in a DR process such as mediation. (As an…

ADR, Book Review, Business, Cooperation, Dispute Resolution, Economics

(University of New South Wales)/ /1 Comment

Attending Harvard’s Program on Negotiation has been life and career changing for many of us – influencing careers in negotiation, mediation and coaching amongst others. ‘Getting to Yes’, first published in 1981 (and never out of print since) was the text accompanying the program, and I read it from cover to cover. I missed the…