For me, one of the benefits of our new online world has been an increase in opportunities to get to work with people over distance, without having to travel that distance. While I have not physically left an area within a radius of some 60 kilometres since early 2020, I feel connected around the world,…

Slowly but surely the dispute resolution landscape is shifting for investment related disputes. More than half the respondents to the International Dispute Resolution Survey published by the Singapore International Dispute Resolution Academy (SIDRA) last year indicated that they have been involved in an investor-state dispute between 2016 and 2018. And, it is of course no…

In recent years we have learned a lot more about what have become known as cognitive biases and how they may play a part in negotiation and mediation. These are mental shortcuts that save energy and get us out of tight spots that have evolved over thousands of years. Well over a hundred have been…

A quarter century ago, Professor Leonard Riskin published an article describing a grid of mediator orientiations including a facilitative-evaluative dimension.  Despite critiques of this framework, including by Riskin himself, many mediators, trainers, and teachers still use these concepts as mediation models, expressing strong feelings that one model is good and the other is bad. These…

  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…

The Singapore International Dispute Resolution Academy (“SIDRA”) issued the global International Dispute Resolution Survey: 2020 Final Report (the “SIDRA Survey”) on 3 July 2020, which studied the preferences, experiences, and perspectives of legal users (lawyers and legal advisers) and client users (corporate executives and in-house counsel) with regard to, among other mechanisms, international commercial mediation….

On 29 January 2021, the European Union and Canada adopted four decisions providing for specific rules regarding the Investment Court System (“ICS”) agreed in the 2016 EU-Canada Comprehensive Economic and Trade Agreement (“CETA”). One of them includes the Rules for Mediation. See: general facts about CETA. The CETA was signed on 30 October 2016, and…

In a few weeks’ time I will come to the end of a two-year mediation engagement in South Eastern Europe. The conflict in question relates to environmental pollution. The issues are complex and heavily contested, and there are many stakeholders – government, city authorities, environmental groups, investors and business, to name a few. It has…

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…

Last week I was interviewed by the communications specialist whose role is to develop a communications strategy for Mediators Association of Georgia. By interviewing mediators, he wanted to get a feel and inspiration which would help him work out an efficient strategy of communication on mediation. One of the first questions he asked was something…