General

Causes of Conflict, Commercial Mediation, Communication, Conflict, Decision making, Developing the Field, Dispute Resolution, Future of mediation, General, Governments/Public Sector, Impasse, Interests, Mediation Practice, Negotiation, Practical Challenges for Mediators, Public Policy, Scotland, Transformation, Uncategorized

(Core Solutions Group)/ /1 Comment

John Nash died this week, in a tragic car accident. John Nash was the Nobel-prize winning mathematician whose theory of non-cooperative games published in 1950 has been described as one of the top ten ideas in economics in the 20th century. His theory introduced and explored the concept of what is known as Nash equilibrium….

General, India

(Managing Partner, Patnaik and Co)/ /Leave a comment

It is quite well recognized that India is not particularly a mediation-friendly country, and the corporate-legal community is yet to internalise commercial mediation as an alternate for dispute resolution. Despite the establishment of civil mediation centres across certain High Courts of the country, organised mediation has largely remained obscure in its application for larger disputes….

Book Review, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), History of mediation, Singapore

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

I’d like to take this month’s entry to briefly review a book that was launched in Singapore in March 2015. The book is Mediation in Singapore: A Practical Guide published by Sweet & Maxwell. The editors of this book are Danny McFadden and George Lim (Senior Counsel) and boasts an impressive list of contributors ranging…

General, Legal Practice, Legislation, Public Policy, Regulation

(Mediar360 - Dispute Resolution )/ /Leave a comment

In the late 90’s in Brazil, a sudden interest in Mediation started to develop under the influence of the newly enacted Argentinean legislation (1995). Unfortunately, just until a few years ago, mediation had grown at a very slow pace, with a few advocates effortlessly lobbying for its widespread implementation and for a local legislation. Finally,…

ADR, Book Review, Business, Causes of Conflict, Clients, Cognitive Bias, Commercial Mediation, Communication, Conflict, Conventional wisdom, Creativity, Decision making, Developing the Field, Future of mediation, General, Improvisation, Language, Mediation Practice, Mediation Users/Clients, Neuroscience, Policy, Scotland, Skills, Stories, Success in mediation, Tips, Training, Uncategorized

(Core Solutions Group)/ /1 Comment

It’s funny how one thing leads to another. Regular Kluwer blogger Ian Macduff posted a great blog earlier this week on the importance of asking questions. That reminded me that I had intended to get hold of a book by Edgar Schein entitled “Humble Inquiry: The Gentle Art of Asking Instead of Telling”. So, I…

Causes of Conflict, Conflict, General, Singapore, Stories, Transformation

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

March was a sad month for Singapore. On 23 March 2015, Mr. Lee Kuan Yew passed away at the age of 91. Lee Kuan Yew was a controversial figure. He was the first Prime Minister of Singapore and he was also widely considered as the founding father of Singapore. He was well-regarded by many world…

Conflict, crisis negotiatons, Disclosure, Dispute Resolution, Domestic Courts, Enforcement, General, History of mediation, Lawyers, Legal Issues, Mediation Outcomes, mediation traditions, National Mediation Laws, peace negotiations

(Bill Marsh Mediator)/ /3 Comments

This year in the UK we are celebrating the 800th anniversary of the Magna Carta, or “Great Charter”. Signed in 1215, it remains one of the most famous documents in the world, and central to the British constitution. In mediator parlance, it is a “settlement agreement”. It came into being as a compromise between King…

ADR, ADR Clauses, Clients, Commercial Mediation, Confidentiality and Transparency, Developing the Field, Dispute Resolution, Dispute Resolution Clause, Enforcement, Enforcement of a Mediation Clause, Enforcement of an ADR Clause, EU Directive on Mediation, EU Mediation Directive, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), International Law, International Mediation, Jurisdiction, Lawyers, Legal Issues, Legal Practice, Legislation, Med-Arb Clauses, Mediation Act, Mediation Agreement, Mediation Lawyering, Mediation Practice, Mediation Reforms (Legislation, etc.), Policy, Practical Challenges for Mediators, Reform, Regulation, Set Aside a Mediated Agreement, Settlement Agreements, Success in mediation, Trade, Understanding mediation

(Singapore International Dispute Resolution Academy)/ /1 Comment

As mediation seeks to claim a larger slice of the international dispute resolution pie, an increasingly important question for lawyers is: where and according to which law would I choose to have the mediation of my clients matter conducted? Say your client is a multinational corporation doing business with numerous organizations around the globe. Your…

Bias, Cognitive Bias, Communication, General, mediation as a career, Memory and Illusions, Mentoring, Perception, Skills, Social Media, Uncategorized, Young Mediators

(Mediator & peace seeker)/ /Leave a comment
Young Mediators Initiative (YMI)

If you haven’t been living under a rock, you may have seen this recent meme in late February that got the internet buzzing with debate. A badly lit photo of a dress spread like wildfire with some people seeing it as white and gold, while others as black and blue. If you haven’t seen it,…

Clients, Efficiency, Future of mediation, General, Growth of the Field (Challenges, New Sectors, etc.), Legislation, Mediation Reforms (Legislation, etc.), Policy, Reform, Uncategorized

(ADR Center Romania)/ /2 Comments

This article was prepared by Christian-Radu Chereji and Constantin-Adi Gavrilă. There is a lot of talk nowadays about the apparent failure of mediation to live up to its potential. Reports published on paper and online, presented before institutions or at various conferences, point to the relatively low number of mediation cases compared to the number…