ADR

ADR, Business, Commercial Mediation, Corporate Counsel's View, Dispute Resolution, Efficiency, General, Uncategorized

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It is almost a consensus nowadays that large and small companies, regardless of their business activity or industry segment, must integrate in their corporate and operational strategies a variety of social, economical, and environmental elements in order to not only effectively satisfy all stakeholders, but also to remain sustainable and competitive in the long run….

ADR, ADR Clauses, International Mediation, Med-Arb Clauses, Mediation Contract Clause, Regulation

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On December 4, 2013, the ICC launched the new Mediation Rules which will replace the 2001 ADR Rules as from January 1, 2014. In the words of Hannah Tuempel, Manager of the ICC International Centre for ADR, “there’s no earth-shaking new change to the rules”. At the global launch event last Wednesday, ‘simple’ and ‘flexible’…

ADR, ADR Agreements, ADR Clauses, Conventional wisdom, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Technology

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This fall, I taught a course on “Managing Litigation for Corporations” at the Straus Institute. The following post is a summary of some insights that came out of the experience. I felt that this was important to share with you, as it evidences attitudes of those about to enter the field and the challenges in…

ADR, Conflict, Dispute Resolution, Efficiency, General, Mediation Outcomes, Mediation Practice

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As mentioned in a previous post, this month I will briefly talk about two high profile cases from the corporate sector which helped to improve mediation awareness in Brazil and, due to its widespread coverage, provided the general public clear examples of how it is possible to fix complex legal problems by not letting our…

ADR, Cross-cultural, Dispute Resolution, Efficiency, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Status

(ADR Center Romania)/ /2 Comments

In the past 20 years or so, we witnessed an intensification of the litigation rate as the world became more globalized and people saw lawsuits as the only real alternative to a negotiated agreement. That created high caseloads, extended periods of time until final judgments, discouraging high litigation costs, dissatisfaction with the outcomes and lack…

ADR, Arbitration, Commercial Mediation, Developing the Field, mediation as a career

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Each September for the past 11 years, Cologne University, under the auspices of CENTRAL (the Center for Transnational Law: http://www.central.uni-koeln.de), and in Association with the German Institution of Arbitration (DIS: www.dis-arb.de) has hosted a Summer Academy in International Commercial Arbitration. More recently – 8 years ago – an academy on mediation was added, to run…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.)

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After a long wait, Corporate Mediation is slowly becoming recognized as an important settlement tool outside the small circle of current practitioners and enthusiasts, reaching a widespread audience which was unimaginable in Brazil not long ago. Among other evidence, a regulatory framework for Corporate Mediation is currently being debated at the Brazilian Senate, the traditional…

Accreditation, ADR, Availability of Mediators, Clients, Commercial Mediation, Court Procedure and Litigation, Cross-cultural, Developing the Field, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), harmonisation of mediation law, International Mediation, Jurisdiction, Legal Issues, Legal Practice, Legislation, Mediation Act, Mediation Institutions and Rules, Mediation Practice, Mediation Reforms (Legislation, etc.), Mediation Schemes (In Courts, etc.), National Mediation Laws, Reform, Samoa, Stories, Training, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

From the Samoan Observer 28 August 2013 Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale. Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea…

ADR, Developing the Field, General, Legal Issues, Legislation, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

According to the National Council of Justice, there are close to 90 million lawsuits currently in course in Brazil. On average, it takes around 10 years for a lawsuit to reach closure after all appeals have been exhausted. In an effort to face this almost unbearable situation, the Brazilian court system has been fostering several…

ADR, Developing the Field, Dispute Resolution, General, Mentoring, Training, Transformation

(National University of Singapore, Faculty of Law)/ /1 Comment

Last year, I wrote about the Peacemakers’ Initiative and talked a little about its intent, objectives and effect. This year, I want to provide readers, by way of update, a development that is both touching and an indication that things are on the right track. To set the context, the Peacemakers’ Conference is an initiative…