Jurisdiction

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…

ADR, Brazil, Online Dispute Resolution (ODR), Online Mediation, Uncategorized

(Mediar360 - Dispute Resolution )/ /Leave a comment

Writing this first 2021 post is a task that leads me to make an inevitable retrospective of the past year – 2020. A year to be remembered and whose events have been unrivalled by any others in recent humankind history. The past year was indeed a challenging one, a time when negotiation and mediation skills…

Availability of Mediators, Azerbaijan, Mediation Act, Mediation Practice, Mediation Reforms (Legislation, etc.), Policy

(ADR Center Romania) and (ArbMe Dispute Resolution)/ /Leave a comment

Starting from January 1, 2021 the law requiring the attendance of the initial first mediation session comes into force in Azerbaijan. Below we describe the steps taken in the previous months and to be taken in the coming months in preparation for this very important milestone for mediation in Azerbaijan. Background Azerbaijan adopted the Law…

Developing the Field, General, Singapore, Singapore Convention on Mediation

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

Note: This was co-authored with Samuel Teo and I would like to acknowledge his significant contributions to the preparation of this entry. In past entries, I have highlighted a peer mediation initiative called the Peacemakers Conference which seeks to teach 13-16 year olds how to resolve conflicts amicably in a workshop cum competition format. As…

Brexit, Causes of Conflict, Conflict, Europe, Negotiation, Tips, Uncategorized

(University of Strathclyde)/ /4 Comments

“I think the EU will need to move significantly on both those key points because they’re points of principle.” (Dominic Raab, UK Foreign Secretary, speaking on the BBC this morning) The Brexit negotiation, despite its dizzying stakes, has triggered a fair amount of wry humour. I’ve poked gentle fun at the protagonists myself: Brexit Irritators:…

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, 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…

Chinese Culture, Go to the balcony, Mediation Skills, Mindset, Reality-Testing

(Kwok, Ng & Chan, Solicitors & Notaries)/ /Leave a comment

According to the Chinese Lunar calendar, yesterday (1 October 2020) was the Mid-Autumn Festival, commonly known as the Moon Festival in the West. With more Chinese living in different parts of the world, the Moon Festival has been receiving more attention, and gradually, it is becoming a popular festival everywhere as we all like to…