ADR

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…

ADR, Arbitration, COVID-19, eBRAM, Hong Kong, Mediation, Online Mediation, Technology

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

Conducting mediation and arbitration meetings by remote means is not new to mediators, arbitrators, and practitioners. In the wake of the COVID-19 pandemic, in-person meetings have been replaced with video teleconference. Remote or virtual participation in mediation sessions, arbitration hearings, and even court trials become a new normal. Founded in 2018, eBRAM International Online Dispute…

ADR, Arbitration, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Mandatory mediation, Mediation Act, Mediation Institutions and Rules, mediation process, Mediation Schemes (In Courts, etc.), Policy, Scotland, Uncategorized

(University of Strathclyde)/ /11 Comments
Shows forms of dispute resolution and the thick line between mediation and arbitration

Law students are probably familiar with a diagram like the one above. It arranges different ways of resolving disputes according to how much say parties have in the outcome. Much as Felstiner and colleagues (1) famously described disputes being transformed into court cases through ‘naming, blaming and claiming,’ this graphic illustrates a parallel transformation in…