In theory, we expect the parties’ opening statements to be swift, persuasive and forceful. At least, this is what I teach my students in ADR classes. In my mediation room, sadly, this occurs rather sporadically. The communication at the table is, unfortunately, not faultless. I guess every mediator has witnessed long, ambiguous monologue instead of…
I wrote this piece for Strathclyde Mediation Clinic after a series of conversations with new and learner mediators. Some surprised me with their passivity in the face of parties’ lack of knowledge or understanding. After some probing I learned that many new mediators recognise the problem but believe the model they were taught prohibits them…
This is the final part of a series of posts on The Singapore International Dispute Resolution Academy’s (‘SIDRA’) recently released International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’). The SIDRA Survey delves into the user experiences of Legal Users (lawyers and legal advisers) and Client Users (corporate executives and in-house counsel) in international…
The Singapore International Dispute Resolution Academy (SIDRA) released its International Dispute Resolution Survey: 2020 Final Report (‘2020 SIDRA Survey’) on 3 July. It is a compendium of the experiences and views of legal and client users from common and civil law jurisdictions on why and how they choose dispute resolution mechanisms to resolve cross-border disputes….
“Racially discriminatory behavior may be reduced more effectively when racial issues are made salient rather than ignored or obscured.” (1) This week I’ve been thinking about white privilege. Ok, my white privilege. Like much of the planet I was horrified by the casual, almost routine asphyxiation of George Floyd. I wasn’t surprised by protest and…
Those who have practised theatre may have heard of Constantin Stanislavski’s “An Actor Prepares” – a book on acting published in 1936. The book is popular in Hong Kong not only among those in the performing art but also fans of the Asia famous Hong Kong comedian, Stephen Chow, who posed to be reading the…
Mediation can be an intense experience for parties and their advisers. Often there is a lot on the line. In the substance there may be money, control, reputation, pride. In the process, there are challenges such as influencing other parties, getting the best deal possible, making well-informed judgment calls about risk, developing effective offers, and…
For once, I seem to have time. No travel, no trips out, no long walks on the hills. Some zoom mediations, granted, but still much more time. And with that, I find myself reflecting on the significance of time in mediation. Time is a major feature in mediation. Indeed, we ourselves have promoted the process…
I was first introduced to Kluwer Mediation Blog by Professor Joel Lee of the National University of Singapore when he shared “A Mediator’s Prayer” in his July 2014 blog entry. Joel is no stranger here. He is not only a prominent mediator but also a Chinese martial arts master. Joel practises and teaches Wing Chun –…
I had planned, indeed had partly written, the usual form of blog for this month. It was to be a further comment on access to dispute resolution and justice, picking up on Zbynek Loebl’s recent blog on developments in ODR, and my own recent participation in a Forum on digital inclusion, hosted by the Department…
