Dispute Resolution

Bias, Conventional wisdom, Court Procedure and Litigation, Developing the Field, Dispute Resolution, Future of mediation, Legal Issues, Mediation Lawyering, Mediation Outcomes, Mediation Practice, Practical Challenges for Mediators, Uncategorized, Understanding mediation

(University of Strathclyde)/ /9 Comments

Intellectual life is beset by ‘gap’ problems. Philosophers wrestle with the ‘mind-body problem’: the gap between material and non-material aspects of human existence. All science can be construed as an attempt to bridge the gap between what is and what we can imagine: an inductive corrective to deductive supposition. Roger Cotterrell describes law’s gap problem…

Causes of Conflict, Conflict, crisis negotiatons, Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Hong Kong, Mediation Practice, Negotiation, Practical Challenges for Mediators, Skills, Social intelligence, Tactics, Time Pressure

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

Next week I am going to interview one of Hong Kong’s leading police negotiators, Dr Gilbert Wong, Commanding Officer of the Police Negotiation Cadre (PNC). When I first emailed with Gilbert, I was struck by the signature line of his email: “Who Cares Wins”. While it could be a mediator’s tagline, it is in fact,…

Book Review, Business, Clients, Communication, Conflict, Conventional wisdom, Dispute Resolution, Efficiency, Future of mediation, General, Lawyers, Lawyers and Psychologists, Legal Practice, Litigation, Mediation Lawyering, Mediation Practice, mediation traditions, Mediators’ Conduct, Negotiation, Neuroscience, Practical Challenges for Mediators, Scotland, Skills, Social intelligence, Status, Transformation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /2 Comments

I have been reflecting recently on the individual and collective professional journeys we all undertake – and on the different stages we reach. My reading has taken me to a thought-provoking book by theologian Richard Rohr, entitled Falling Upward. Rohr’s thesis, put very simply, is that there are two stages to life. The first, necessary,…

Developing the Field, Dispute Resolution, General, Growth of the Field (Challenges, New Sectors, etc.), Negotiation

(National University of Singapore, Faculty of Law)/ /Leave a comment

Author’s Note: For those readers who do not speak or read Chinese, the words and numbers in brackets indicate how to pronounce and intonate the Chinese characters indicated I was recently given the honour of launching 谈判 (Tan2 Pan4): The Chinese-English Journal on Negotiation at the 3rd Asian Mediation Association Conference held in Hong Kong…

ADR, Developing the Field, Dispute Resolution, EU Directive on Mediation, EU Mediation Directive, Europe, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Lawyers, Legal Practice, Mediation Lawyering, Regulation, Scotland, Uncategorized

(University of Strathclyde)/ /1 Comment

I have written before in this blog about Scotland’s slow pace of change (http://kluwermediationblog.com/2012/05/12/mediation-in-scotland-some-practical-questions-and-a-nudge-in-the-right-direction/). A naturally cautious nation, our ‘old world’ response to new ideas has generally been ‘what’s wrong with the old ones?’ I was comforted by Constantin-Adi Gavrila’s recent post on this blog which underlined that Scotland is not the only European nation…

ADR, Dispute Resolution, General

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

Dear Readers, Welcome to 2014. In Hong Kong and the rest of the Chinese world this time of year represents a special type of temporality between the Western and Chinese New Year’s celebrations. This week, when people are wishing me a Happy New Year, I cannot be sure whether they referring to 1 January which…

ADR, Business, Commercial Mediation, Corporate Counsel's View, Dispute Resolution, Efficiency, General, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

It is almost a consensus nowadays that large and small companies, regardless of their business activity or industry segment, must integrate in their corporate and operational strategies a variety of social, economical, and environmental elements in order to not only effectively satisfy all stakeholders, but also to remain sustainable and competitive in the long run….

Accreditation, Commercial Mediation, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Growth of the Field (Challenges, New Sectors, etc.), International Mediation, Lawyers, Legislation, Med-Arb Clauses, Mediation Practice, Mediation Reforms (Legislation, etc.), National Mediation Laws, Reform, Regulation, Singapore, Standards

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

So, dear Readers, This time last year I was telling you about new mediation initiatives in Hong Kong. Well, this year I hope to send you into the festive season with some very exciting news from Singapore. On 3 December 2013, Singapore’s Ministry of Law unveiled key initiatives to transform and develop its international commercial…

ADR, ADR Agreements, ADR Clauses, Conventional wisdom, Developing the Field, Dispute Resolution, Growth of the Field (Challenges, New Sectors, etc.), Online Dispute Resolution (ODR), Technology

(AIG Legal Operations Center)/ /Leave a comment

This fall, I taught a course on “Managing Litigation for Corporations” at the Straus Institute. The following post is a summary of some insights that came out of the experience. I felt that this was important to share with you, as it evidences attitudes of those about to enter the field and the challenges in…

ADR, Conflict, Dispute Resolution, Efficiency, General, Mediation Outcomes, Mediation Practice

(Mediar360 - Dispute Resolution )/ /Leave a comment

As mentioned in a previous post, this month I will briefly talk about two high profile cases from the corporate sector which helped to improve mediation awareness in Brazil and, due to its widespread coverage, provided the general public clear examples of how it is possible to fix complex legal problems by not letting our…