ADR, Corporate Counsel's View, Developing the Field, Dispute Resolution, Future of mediation, Global Pound Conference Series 2016-17, lawyers in mediation, Leadership, Mediation and Society, Mediation Practice, Practical Challenges for Mediators, Promoting Mediation, Transformation
Dispute Resolution
Causes of Conflict, Cognitive Bias, Communication, Cooperation, Decision making, Dialogue, Dispute Resolution, Future of mediation, Mindset, Negotiation, Reflective Practice, Scotland, Transformation
Are We Regressing from Getting to Yes?
“Beat your ploughshares into swords, and your pruning-hooks into spears.” Surely some mistake, I thought; shouldn’t it be the other way round? Swords into ploughshares and spears into pruning-hooks? It was during Evensong at the magnificent Liverpool Cathedral a few weeks ago that this reading from the Old Testament Book of the prophet Joel caught…
I thought I had said goodbye to Disney’s FROZEN but…
As you read this, put your hand up if you are a parent, grandparent, uncle, aunt or anyone who regularly spends time in the company of young children. If you fall into this category (and it probably covers most of you who are reading this) you are almost certain to have experienced the phenomenon of…
How Conflict Resolution Systems Can Support Brazilian Startups Facing Financial Difficulties
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…
Bridging Cultures in Mediation: Insights from a Multicultural Mediation Panel
Culture shapes how we see the world. It affects perceptions, behaviours, and expectations even within the context of mediation. In a world characterized by diversity, understanding the nuances of cultural influence is important for effective mediation as culture can significantly impact the process. A panel entitled “Cultural Context in Mediation”, hosted by the Thailand Arbitration…
Brazil, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Mediation and Society, Uncategorized
Unlocking the Power of Mediation in Tax Matters: Lessons Learned from the V SIFRA Seminar
On April 25th, 2024, I had the privilege to speak at the V SIFRA Seminar on Innovations and Tools for Revenue Recovery and Alternative Revenues (SIFRA). The event, acronym for Fiscal Innovations Seminar, is a renowned gathering that brings together bright minds to discuss ideas, research, and innovative solutions, always with a focus on municipal…
ADR, Artificial Intelligene, Conflict, conlfict coaching, Creativity, Developing the Field, Dispute Resolution, Flexibility, Future of mediation
Mind the Gap – the dangers of losing track of the narrative.
I’ve just been in London presenting at the terrific UIA Mediation Forum and my daily train travels constantly exposed me to this image. As the conference themes developed, the image took on an even more significant meaning for me. Let me explain. An early speaker, Kimberlee Kovach (Founding Officer and Past Chair of the…
Arbitration, Creativity, Developing the Field, Dispute Resolution, Due Process, ICSID, International commercial mediation, Investor-state mediation, Legislation, Med-Arb Clauses, mediation process, Mediators’ Conduct, National Mediation Laws, New York Convention, Role of Mediator, Settlement Agreements
‘Switching hats’ – supporting disputants in finding the most appropriate process
Rafal Morek’s post last month, Investor-state disputes: how arbitration and mediation can intertwine to provide more resonant solutions, emphasized the increasing use of mediation to resolve investor-state disputes, albeit still confined to a small number of cases under the International Centre for Settlement of Investment Disputes (ICSID) Convention. As the late Professor Derek Roebuck noted…
Book Review, Conflict, Dispute Resolution, Economics, Future of mediation, Game Theory, History of mediation, International Mediation, Leadership, Mediation and Society, Mediation Practice, mediation traditions, peace negotiations, Role of Mediator, Uncategorized, Understanding mediation
Ken Cloke’s latest – and last – book: his magnum opus?
The Magic in Mediation This is a longer blog post than is normal but I will not be alone in describing Ken Cloke as one of the most influential figures in my life, both professionally and personally. Ken’s wisdom and humanity, expressed so well in his many books and seminars, have been hugely important to…
Tax Mediation: Breaking New Grounds – The Pioneering Case of Porto Alegre *
As I mentioned before in some posts here at Kluwer, according to the Brazilian National Council of Justice, there are close to 90 million lawsuits currently in course in the country. Moreover, on average, it takes around 10 years for a lawsuit to reach closure if all appeals have been exhausted. Interestingly enough , one…