Dispute Resolution

ADR, Australia, Commercial Mediation, Conflict, Creativity, Developing the Field, Dispute Resolution, Interests, International commercial mediation, lawyers in mediation, Mediation Practice, mediation process, Reflective practise, Skills, Training, Uncategorized

(University of New South Wales)/ /12 Comments

  The International Commercial Mediation Competition made a brave online appearance this year – the 16th year in which the ICC has delivered the most important competition of its kind in the world. For 15 of these 16 years it has been my privilege to be part of this experience as the coach for my…

Communication, Decision making, Dialogue, Dispute Resolution, Language, Negotiation, Skills

(University of Missouri Center for the Study of Dispute Resolution)/ /Leave a comment

“Managing a Client’s expectations and advising them on a course of action turned out to be far more difficult than negotiating with the other Party.” So wrote newly-minted Indian lawyer Varsha Manoj about her experiences negotiating with her clients. Many lawyers in the US and other countries undoubtedly have similar experiences. Legal clients often experience…

Book Review, Commercial Mediation, Conventional wisdom, cross-border mediation, Developing the Field, Dispute Resolution, Enforcement, EU Directive on Mediation, Europe, Fear, Framing, Future of mediation, International Mediation, mediated settlement agreement, Mediation Practice, Mediation Reforms (Legislation, etc.), Neuroscience, Promoting Mediation, Public Policy, Role of Mediator, Settlement Agreements, Singapore Convention on Mediation, Uncategorized, Understanding mediation

(Core Solutions Group)/ /7 Comments

Anna Howard’s first book, ‘EU Cross-Border Commercial Mediation: Listening to Disputants – Changing the Frame; Framing the Changes’ (published by Kluwer), is an important contribution to the literature about the practice and promotion of mediation. It deserves a wide readership among academics and practitioners alike and I hope that potential readers will not be deflected…

Accreditation, Australia, Communication, Dispute Resolution, Future of mediation, Mediation, Mediation Outcomes, Mediation Practice, Mediators’ Conduct

(University of New South Wales)/ /Leave a comment

The Harvard Program on Negotiation (PON) has provided a life-changing experience for many of us. It certainly changed the trajectory of my life and triggered a life-long immersion in conflict resolution theory and practice. I am immensely grateful. The program has been an evolutionary one – regularly enhanced and updated to fit the frame of…

COVID-19, Developing the Field, Dispute Resolution, Future of mediation, Online Dispute Resolution (ODR), Technology, Zoom

(Waseda University)/ /1 Comment

The Street of a Thousand Blossoms by Gail Tsukiyama tells the story of a family living in Tokyo over 30 years. Two brothers, one a sumo wrestler and the other a maker of Noh theater masks, are forced to adapt their lives to changes in society in order to succeed in their traditional professions. In an…

ADR, Commercial Mediation, Cooperation, Court Procedure and Litigation, Decision making, Dialogue, Dispute Resolution, Future of mediation, Litigation, Mediation and Society, Mediation Outcomes, Policy, Scotland, Uncategorized

(Core Solutions Group)/ /4 Comments

I write this in the aftermath of yet another mediation in which the protagonists exhibited symptoms of having been seriously traumatised by the litigation process to which they had been exposed. Depression, suicidal thoughts, anger, loathing, destroyed relationships, large amounts of money spent with no discernible value. And this was a commercial situation, not a…

ADR, Causes of Conflict, Conflict, Developing the Field, Dispute Resolution, Framing, Mediation Practice, mediation process

(University of New South Wales)/ /14 Comments

Covid is the gift that keeps on giving. It has provided a wonderful focus for blame that has let us off the hook for a lot of things. It has coincided with significant changes in our mediation experiences and again has been seized on as the culprit when mediation sessions go ‘off piste’. The new…

ADR, Brazil, Commercial Mediation, Consumer conciliation, crisis negotiatons, Dispute Resolution, South America, Technology, Uncategorized

(Mediar360 - Dispute Resolution ) and (FGV Mediacao)/ /1 Comment

Just recently (November 4th), hackers attacked Brazil’s Superior Court of Justice (Superior Tribunal de Justiça – STJ). Not only they had access to the Court’s system and encrypted its entire database but also demanded ransom money to restore it. In other words, they succeeded in hacking one of the most centralized courts in the Brazilian…

Developing the Field, Dispute Resolution, Language, mediation traditions, Negotiation, Reform, Research

(University of Missouri Center for the Study of Dispute Resolution)/ /1 Comment

In 2015, I retired as an American law professor. For most of my career, I used some of the basic concepts of our field such as negotiation, BATNA, positional vs. interest-based negotiation, and facilitative vs. evaluative mediation. I wasn’t always comfortable with these terms, but I used them because I couldn’t imagine shifting to alternatives….

Appointment of Mediators, Cognitive Bias, Commercial Mediation, cross-border mediation, Dispute Resolution, Future of mediation, ICSID, International commercial mediation, International Mediation, Investor-state mediation

(Centre for Commercial Law Studies, Queen Mary University of London)/ /Leave a comment

Interest is growing in the use of mediation for investor-state disputes. Recent webinars on investor-state mediation (including SIDRA’s recent webinar) have explored ICSID’s new investor-state mediation rules, the role of the Singapore Convention for investor-state mediation and the need for further domestic legislation on mediation. Discussions at these virtual conferences have also emphasised the importance…