Dispute Resolution

ADR, Communication, Developing the Field, Dispute Resolution, Intuition, Mediation Practice, Neuroscience, Perception, Training

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

Quite often, we hear mediators and mediation trainers using the fable of “Blind Men and an Elephant”, which is a story about several blind persons describing an elephant differently out of their own experience by way of their respective touches of the different parts of the same elephant, to illustrate that a party’s own interpretation…

Brazil, Dispute Resolution, Efficiency, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(Mediar360 - Dispute Resolution ) and (Tauil & Chequer Advogados)/ /1 Comment

The arrival of the internet age has posed many new challenges as a larger part of the economy has started to operate online and transnationally with a new emerging framework. After the spread of the global computer network and the rise of online business activities and operations, it became necessary for disputes between contracting parties…

ADR, Business, Commercial Mediation, Dispute Resolution

(International Counsel, Arbitrator and Mediator)/ /Leave a comment

Culture Includes Corporate Culture in Business Mediations Many articles have been written about cross-cultural negotiation and the role of culture of participants in international mediations. However, relatively little has been said about the role of corporate culture. Those of us who have worked in small and large enterprises know first-hand what this means. Practically every…

Commercial Mediation, Dispute Resolution, India, Legislation, Mandatory mediation, Opt-Out, Promoting Mediation

(Shardul Amarchand Mangaldas & Co.)/ /Leave a comment

The Indian parliament passed the Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Bill, 2018 (“Bill”) on 10 August, 2018. In a potentially significant development, section 12A of the Bill stipulates mandatory pre-institution mediation i.e. the plaintiff is mandatorily required to exhaust the remedy of mediation prior to filing a suit…

ADR, Artificial Intelligene, Developing the Field, Dispute Resolution, Future of mediation, Mediation Practice, Technology

, (CEDR - Centre for Effective Dispute Resolution)/ /2 Comments

Artificial Intelligence (AI), the notion that computerised systems can replace human thought processes and interactions, continues to gain traction in all areas of life including the legal profession and in particular in the field of dispute resolution. Lex Machina, a Data-mining computer programme created at Stanford University in 2006, has been used to look for…

Cross-cultural, Dispute Resolution, Negotiation, Personal Development, Promoting Mediation, Skills, Training

(Bond & Bond Mediation / University of Wildau )/ /Leave a comment

In the centre of Berlin opposite the State Opera House, there is a large building in Baroque style that was originally built as the Prussian Royal Library in the late eighteenth century, and came to be called the Old Library once the new Prussian State Library was established in the early twentieth century. The words…

ADR, Commercial Mediation, Developing the Field, Dispute Resolution, Future of mediation, International Mediation, Mediation Practice, Singapore, UNCITRAL

(Singapore Management University)/ /Leave a comment

On 25 July 2018, I was privileged to be part of a conference panel moderated by the inimitable Professor Nadja Alexander, CEO of the Singapore International Dispute Resolution Academy and my colleague at the Singapore Management University School of Law. The panel’s inspired title was “Feel the Earth Move – Shifts in the International Dispute…

ADR, Business, Commercial Mediation, Dispute Resolution, Enforcement, mediated settlement agreement, Uncategorized

(Singapore International Dispute Resolution Academy)/ /Leave a comment

In the first few months of this year I found myself returning to Vietnam a number of times thanks to Vietnamese initiatives in commercial mediation. Most recently I was involved in workshops hosted by the Vietnam Business Lawyer’s Club, the Judicial Academy and the International Finance Corporation (IFC). Given the mediation activity in Vietnam and…

ADR, Conflict, Developing the Field, Dispute Resolution, Mediation Practice, mediation process, Understanding mediation

(University of New South Wales)/ /1 Comment

(This post is being republished because of technical problems when it was first published). Studying and teaching with Professor Frank E.A. Sander at Harvard in the late 80’s was life changing. The energy and vision he showed – going right back to his presentation at the 1976 Pound Conference – persuaded me that fundamental changes…

ADR, Conflict, Dispute Resolution, India, International Mediation, Kashmir, Mediation Practice, mediation process, Negotiation, peace negotiations, Promoting Mediation, Training, Transformation, War Stories, Young Mediators

(Peacekeeping and Conflict Resolution Team)/ /1 Comment

The Kashmir valley in India is a stressed region and though older generations have ‘lived’ through some tense winters, this generation is not ready to ‘survive’ through the silence and indifference. Deaths are on the rise and if this constantly raging battle between the militants and the Indian administration is not addressed appropriately and immediately,…