I should state at the outset that I have a confession to make. Not quite yet but soon. As a long term practitioner and teacher of negotiation and mediation, it has occurred to me on many occasions that much of the conflict, trouble and strife that we experience, whether at an interpersonal level or international…
From the Samoan Observer 28 August 2013 Chief Justice, His Honour Patu Tiava’asue Falefatu Sapolu yesterday launched Samoa’s Mediation Rules 2013 during a gathering at the Samoa Tourism Authority (STA) fale. Prime Minister Tuilaepa Sa’ilele Malielegaoi was among Cabinet Ministers and senior government officials present. Also present was the Speaker of the House, La’auli Leuatea…
According to the National Council of Justice, there are close to 90 million lawsuits currently in course in Brazil. On average, it takes around 10 years for a lawsuit to reach closure after all appeals have been exhausted. In an effort to face this almost unbearable situation, the Brazilian court system has been fostering several…
While these mediations are commercial at heart, they beat with a cultural pulse and there is a sense of majesty as the Crown sits down to kōrero with Iwi … gather around, for the history of the real Middle Earth is not one of hobbits and magical rings, but of a people struggling to coexist in a…
Much has been written about the impact of body language on communication. I have in a previous entry addressed the connection between non-verbal communication and the building of rapport. While body language is the commonly used term, I prefer the term non-verbal communication for two reasons. First, the term “body language” is a metaphor that…
A lot has been said about how to spread the mediation culture in Brazil. Undoubtedly, it is critical to improve the awareness of mediation as a useful tool in dispute resolution, targeting potential users and clients especially. These are the people who will select and recommend mediation to solve disputes and lawyers are probably the…
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…
Here is a confession. I have a theory (in the best traditions of Monty Python). It is totally untested. I am pretty certain that it would not survive rigorous, double-blind trials. It may, however, contain some seeds of insight. My theory – wait for it – is that mediations where one or more of the…
In an unthinkable movement, unseen in Brazil for at least 20 years, the most important cities in the country have witnessed massive street protests over price increases in public transportation in the last few days. Much like in several other social movements throughout the world, social networks were the tool used to spread the initial…
This month of May witnessed the launch of the India International ADR Association (IIADRA). And what a blast it was! Judicial luminaries, leading lights of the legal profession, business leaders and politicians all descending upon the gorgeous port city of Kochi on the southwestern Indian coast in the state of Kerala. At first glance Kochi…
