Dispute Resolution

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,…

Bias, Cognitive Bias, Commercial Mediation, Decision making, Developing the Field, Dispute Resolution, Future of mediation, Mediation and Society, Mediation Practice, mediation process, Mediators’ Conduct, Neuroscience, peace negotiations, Personal Development, Policy, Practical Challenges for Mediators, Promoting Mediation, Public Policy, Reflective Practice, Scotland, shuttle mediation, Skills, Social intelligence, Success in mediation, The role of the mediator, Tips, Transformation, Trust, Uncategorized, Understanding mediation

(Core Solutions Group)/ /Leave a comment

“I’ve been trying to tell you, but you didn’t listen. You’ve got to go down more deeply and take more time, you’re rushing it and it’s too superficial. You’re hardly disturbing the surface. You’ll make no progress that way. And you are using so much effort. Relax. When you get into difficulty, you are expending…

ADR, Commercial Mediation, cross-border mediation, Dispute Resolution, Enforcement, International Mediation, mediated settlement agreement, Settlement Agreements, Uncategorized, UNCITRAL, UNCITRAL Model Law

(Singapore International Dispute Resolution Academy)/ /3 Comments

The forthcoming Singapore Convention on Mediation will be the first UN Treaty named after Singapore. At the 51st Session of the United Nations (UN) Commission on International Trade Law (UNCITRAL) on 26 June 2018, the final drafts of the Convention on the Enforcement of International Settlement Agreements and corresponding Model Law were approved. A resolution…

ADR, Decision making, Dispute Resolution, Mediation Practice, National Mediation Laws, The role of the mediator, Vietnam

(Vietnam International Arbitration Centre) and (University of Economics and Law, Vietnam National University)/ /Leave a comment

In recent years, Vietnam has boosted its legal framework for commercial mediation. The story began with the promulgation of the new Civil Procedure Code 2015 whose Chapter 33 serves as the legal basis for the recognition of out-of-court mediated settlement agreements. Then, the Government issued Decree no. 22/2017/ND-CP on Commercial Mediation (“Decree 22”) detailing and…

Developing the Field, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, peace negotiations, Promoting Mediation, Reflective Practice

(Edwards Mediation Academy)/ /Leave a comment

The hills above Edinburgh, Scotland, were bursting with the splendor of bright yellow flowers when mediators from across the globe assembled for the spring conference of the International Academy of Mediators. I had been asked by the conference organizers to lead a discussion, with the goal of inspiring some of the world’s most successful commercial…

Brazil, Dispute Resolution, Lawyers, lawyers in mediation, Legislation

(Mediar360 - Dispute Resolution )/ /3 Comments

Brazil is on its way to making lawyers mandatory on mediation procedures. Last month the House of Representatives approved a bill (PL 5.511/2016) that reads, in a free translation, “it is mandatory the presence of Lawyers in consensual dispute resolution procedures, such as mediation and conciliation”. Now the Senate will analyze the subject before it…

Arbitration, Australia, Commercial Mediation, Dispute Resolution, Due Process, Hong Kong, Legal Issues, Legislation, Med-Arb Clauses, Mediation Practice, mediation process, Mediation Reforms (Legislation, etc.), Mediators’ Conduct, The role of the mediator

(Strategic Resolution)/ /Leave a comment

(This post is being republished because of technical problems when it was first published) The recently reported Australian case of Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610 (8 May 2018) provides a useful lesson in how not to conduct the hybrid Arb-Med-Arb process, from which (I hope) we might learn how to…

Commercial Mediation, Conflict, Dispute Resolution, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Promoting Mediation

(MCiArb, Mediator and Co-founder of YMI)/ /4 Comments
Young Mediators Initiative (YMI)

I am as much a mediator as I am a member of the global exhibition industry. Knowing both professions intimately, I strongly believe that mediation should be a fundamental tool used to address and solve conflicts within the exhibition industry. In the exhibition industry, healthy co-operation is key to future success and business relationships are…