Business

Business, Commercial Mediation, cross-border mediation, Cross-cultural, International commercial mediation, International Mediation, Mediation Outcomes, Mediation Practice, War Stories

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A Case to Remember: A Voyage Charter Dispute In 2024, I mediated 72 cases, but one stood out in particular—a voyage charter dispute involving the loss of cargo during severe weather. It resonated with me not only because of its complexity but also because it touched on a type of dispute I find especially engaging:…

Business, Cooperation, Economics, Framing, Game Theory, Public Policy, Trade, Uncategorized

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My attention was drawn recently to a chart illustrating an article in the Financial Times, which showed higher levels of zero sum thinking among those whose early adult years corresponded to a slow-down in economic activity. The degree of zero sum thinking was on a scale of 0-100 where 100 = “Wealth can grow so…

Brazil, Business, Creativity, Dispute Resolution, Efficiency, Mediation, Uncategorized

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In recent months, Brazilian startups such as Hurb and 123 Milhas, two prominent players in the country’s tourism market, have encountered significant financial challenges. These companies offered highly attractive promotional travel packages at exceptionally low prices, creating a large customer base. However, when the financial pressures grew, both companies found themselves unable to fulfill some…

Business, Cooperation, Economics, Mediation and Society, Public Policy, Trust

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A recent Scottish Universities Insight Institute project looking at regional innovation strategies featured a presentation by Peter Wostner from the Institute of Macroeconomic Analysis and Development in Slovenia. He framed the development of innovation ecosystems as a collective action problem. This type of problem has been defined as “a situation in which all individuals would be…

Brazil, Business, Community Mediation, Uncategorized

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Environmental, Social, and Governance (ESG) sustainability has become a global priority for corporations. As part of this movement, mediation emerges as a powerful tool to promote effective dispute resolution and to align with ESG principles. The G20 meeting recently held in Rio de Janeiro, my home city, highlights the urgency of addressing environmental and social…

Business, Cooperation, Economics, Framing, Public Policy, Scotland

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Reframing is an important part of the mediator’s toolkit. It can help parties look at things from a different perspective to broaden their understanding and it can help put offers and options in a different light to aid resolution. The importance of reframing was highlighted at a recent workshop led by academics from the Universities…

Book Review, Business, Cooperation, Economics, Go to the balcony, Mediation and Society, Policy, Public Policy

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In their recent book ‘Power and Progress’ Daron Acemoglu and Simon Johnson analyse technological progress over the course of human history. They conclude that technological advances tend to initially benefit a fairly narrow elite before countervailing societal pressures and political developments result in a fairer distribution of the benefits of this progress. Their survey of…

Business, Communication, Cooperation, Creativity, Cross-cultural, Dialogue, Economics, Mediation and Society, Skills, Stages of mediation

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Neuroscientist Hannah Critchlow’s latest book ‘Joined-up Thinking – The science of collective intelligence’ makes the case that the range and complexity of the challenges that face us a  species require an even greater focus on working together to harness our intelligence in its broadest sense. She argues that even though our success as a species…

Business, Cooperation, Economics, Experience, Mediation and Society, Mediation Practice, Policy, Uncategorized

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At a recent Global Ethical Finance Initiative event Katherine Trebeck of the Wellbeing Economy Alliance discussed her book ‘The Economics of Arrival’. The book explores the contribution of economic growth to wellbeing, particularly in the context of developed economies who could be considered to have ‘arrived’. It makes the argument that beyond a certain threshold,…

ADR, Australia, Business, Confidentiality, Conventional wisdom, Developing the Field, Uncategorized

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One of the great professional satisfactions of being part of the mediation community is that it sits within a much wider cluster of non-adjudicative processes. This proximity to a broader cluster represents an opportunity for learning, experiment and the exercise of curiosity and investigation. In Australia, the cluster of which mediation is a part  includes…