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…
In the past 20 years or so, we witnessed an intensification of the litigation rate as the world became more globalized and people saw lawsuits as the only real alternative to a negotiated agreement. That created high caseloads, extended periods of time until final judgments, discouraging high litigation costs, dissatisfaction with the outcomes and lack…
After a long wait, Corporate Mediation is slowly becoming recognized as an important settlement tool outside the small circle of current practitioners and enthusiasts, reaching a widespread audience which was unimaginable in Brazil not long ago. Among other evidence, a regulatory framework for Corporate Mediation is currently being debated at the Brazilian Senate, the traditional…
This is the fourth and final posting in a series written by Tina Monberg, Irena Vanenkova, Michael Leathes and Nadja Alexander. In the last posting we discussed two factors that we think are critical to changing mindsets and increasing the systematic use of mediation in intractable, politically-charged and violent conflict. They are: 1. Bringing more…
This is the third in a series of four postings written by Irena Vanenkova, Tina Monberg, Nadja Alexander and Michael Leathes. The previous posts appeared on the 17th and 20th August on the Kluwer Mediation Blog. Previously we noted that the UN and world political leaders increasingly perceive mediation as vital for avoiding and resolving…
This is the second in a series of postings written by Michael Leathes, Tina Monberg and Irena Vanenkova and Nadja Alexander. The first post appeared on the Kluwer Mediation Blog on 17 August. Yesterday we put forward our view that achieving the promise of mediation in conflicts that threaten the stability of societies and economies…
This is the first of a series of four blog postings written by Nadja Alexander , Michael Leathes , Tina Monberg and Irena Vanenkova. Achieving the promise of mediation in conflicts that threaten the stability of societies and economies is one of the most important challenges of our time. Inspiring progress has been made in…
Last year, I wrote about the Peacemakers’ Initiative and talked a little about its intent, objectives and effect. This year, I want to provide readers, by way of update, a development that is both touching and an indication that things are on the right track. To set the context, the Peacemakers’ Conference is an initiative…
Part 1 of this post touched on rumblings for more transparency in arbitration. But there is more than the distant sound of thunder, and it’s coming closer. As arbitration and mediation are both highly competitive and fragmented fields, it is hard for providers to act collectively. Yet they must. The only forums where arbitration organizations…
On 25th and 26th June, the ICC and FIDIC (International Federation of Consulting Engineers: http://fidic.org/) hosted their annual conference in Paris. While most of the discussion was, understandably, concerned with either arbitration or adjudication – the latter involving primarily Disputes Boards (http://www.dbfederation.org/) acting under FIDIC contracts – mediation made an appearance at a number of…
