Theories are simplified models of reality. They have the advantage of shedding light on complex subjects through a simplified and understandable set of ideas. Theories help to describe, explain, foresee and control. Some theories can be easily proven and others not proven at all. However, there is a particular field of study, named “Game Theory”,…
Over the years, the Romanian people got used to the transition state. We are now crossing a difficult period for all of us, that of financial deprivation. People divide what they have left, dreaming to become exclusive owner of each inch of land, of each piece of wood of their old houses, of every brick…
Singapore was the location of an ADR conference over 4-5 October 2012. The conference was entitled “The 5Cs of ADR: Collaboration-Communication-Consensus-Cooperation-Conclusion” and was jointly organized by the Subordinate Courts of Singapore, the Singapore Mediation Centre, the Law Society of Singapore, the Supreme Court of Singapore, the Singapore Academy of Law, the Ministry of Law and…
I come from a Western mediation tradition that argues strenuously for neutrality and impartiality in a mediator. Indeed, one of the first questions lawyers will ask when hiring me is whether or not I have any conflict of interest – in other words, do I know those involved in the dispute, have I worked with…
The relationship between growth and the combination of knowledge and human capital is no surprise. The economic environment is fast changing and technology driven. The global economy is already what the economists call a knowledge economy, where value increasingly comes from innovation and intellectual property management. No country, region or organization can ignore the challenges…
I’ve been working in this field for more than 20 years and one thing that I’ve observed with genuine curiosity over that time is the sniping from various quarters that what I (and others with practices similar to mine) do each day falls short of “The Promise of Mediation”. As readers of this Blog will…
To paraphrase Jane Austen, it is a truth universally acknowledged that mediation is confidential. Go on any training course, listen to any mediator’s opening speech, and the secrecy/privacy of the process will be affirmed and reaffirmed. In the commercial mediation arena, and these days most other practice areas, you will also sign a contractual undertaking…
One year ago, on the 1 September 2012, The Kluwer Mediation Blog was launched with an inaugural posting by the then Minister for Justice in Slovenia, Ales Zalar. Right from the start, Ales challenged readers by offering fresh thinking about political applications of mediation: “Mediation stands for more democracy, which we all need, because it…
Many have tried but all have failed to implement a definitive single enforcement mechanism for cross-border mediated settlement agreements. This lack of any coherent method of enforcement is widely seen as a major impediment to further globalisation of mediation, the argument being how can we expect parties involved in large international commercial disputes to embrace…
Mediators often talk about the power of framing their own language and reframing the language of parties and others in mediation settings. For example, mediators may frame their comments in neutral, constructive and future-focused language. They may reframe party statements to detoxify offensive or destructive language or to create a shift from the negative to…
