On July 12, 2021 the UK Civil Justice Council published its Report on Compulsory ADR . It considered first whether parties to a civil dispute in England and Wales may be compelled to participate in an ADR process. As to this question, it will be recalled that, in the Court of Appeal decision in Halsey…
As the pandemic evolves in our days, similarly to a great majority of countries worldwide, we need urgent and inevitable shifts in behavioral patterns and cultural paradigms in Brazil as well. An average of 80 million cases reflects a traditional approach to judicialization of everyday life issues among Brazilians and a huge burden for our…
Mr. Jawad has been a mediator since 2007 and a passionate promoter of mediation in India from its earliest days. Jawad works as a mediator and trainer with the Mediation and Conciliation Project Committee of the Supreme Court of India and is a global faculty with ADR ODR International UK. He is a SIMI accredited…
For me, one of the benefits of our new online world has been an increase in opportunities to get to work with people over distance, without having to travel that distance. While I have not physically left an area within a radius of some 60 kilometres since early 2020, I feel connected around the world,…
Slowly but surely the dispute resolution landscape is shifting for investment related disputes. More than half the respondents to the International Dispute Resolution Survey published by the Singapore International Dispute Resolution Academy (SIDRA) last year indicated that they have been involved in an investor-state dispute between 2016 and 2018. And, it is of course no…
The International Commercial Mediation Competition made a brave online appearance this year – the 16th year in which the ICC has delivered the most important competition of its kind in the world. For 15 of these 16 years it has been my privilege to be part of this experience as the coach for my…
ICC’s biggest educational event of the year, its International Mediation Competition, took place from 5 to 11 February 2021 and, for the first time of its history, it was conducted online. It was its 16th edition and 48 universities from 39 countries competed online, via a dedicated platform. It has been an opportunity for us,…
In this interview, Dr. Frank Gerhards shares his experience in using mediation proceedings to successfully resolve an active ingredient patent dispute between two major crop protection companies. Dr. Frank Gerhards is a qualified German patent attorney and representative before the European Patent Office, employed with Bayer Intellectual Property (BIP) since 2006 and group leader since…
Writing this first 2021 post is a task that leads me to make an inevitable retrospective of the past year – 2020. A year to be remembered and whose events have been unrivalled by any others in recent humankind history. The past year was indeed a challenging one, a time when negotiation and mediation skills…
I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value. And this was a commercial situation, not a…
