‘He who would do good to another must do it in Minute Particulars’ (William Blake, Jerusalem) The coronavirus pandemic deals its cards very unevenly. Some individuals get it lightly, if at all, and even countries seem to be spared, at least for now. For others it’s a catastrophe. Here in the UK we watch, helpless,…
This is a tale from an ancient piece of Chinese literature – Lu’s Commentaries of History – – compiled in 239 B.C. by Lu Buwei, the Prime Minister of the state of Qin.- “There was once a villager who had lost his hatchet. Thinking it was stolen by his neighbour’s son, Wang, he began observing…
Early in the morning, I got a call from a lawyer representing one of the parties in cross border mediation. “Would you consider changing the venue for our meeting?”, he asked. Usually not a surprising demand. This time an expected one. We were about to meet in Milan, Italy which at the time being had…
I am very glad to start today a 4 posts serie with my fellow Gustavo Carneiro, a lawyer and mediator who holds a Public Policy degree, analyzing the new brazilian General Data Protection Law, which will come into force in August 2020 and its application for ODR. Online Mediation and other ODR methods are getting…
“The ground is so wet; it wasn’t like this in the past. We can’t get started on this year’s soil preparation.” In a recent mediation involving farmers, this was the response to my early inquiry about how things were going, generally. These days, I find that the topic of climate change and its effects arises,…
Mediation and conflict management often require the design of complex processes that might involve different interventions with different parties or stakeholders over considerable time. Consider mediation in the planning stages of public projects or mediation and facilitation involving communities involved in claims for compensation against governments or companies. Or consider mediation inside organisations, in which…
The Singapore Convention on Mediation makes clear that international mediated settlement agreements (iMSAs) may be used as a sword or invoked as a shield in judicial or arbitral proceedings (defence). In the post-Singapore Convention world, lawyers are looking closely at the extent to which courts may recognise settlement agreements, especially mediated settlement agreements, as a…
The fairytale of mediation in Greece starts in 2008. Back then, a group of forward thinkers (or disillusioned persons, depending on the angle of the view) took the first class on mediation in Greece (organised by CIArb) and a little later, they received the CIArb accreditation. A few more persons of the same mindset took…
(This blog is adapted from a longer version published by Prof John Lande as part of Theories of Change for the Dispute Resolution Movement: Actionable Ideas to Revitalize Our Movement. The Theory of Change symposium asked mediators and scholars to think big about their dreams and visions for the future, and was recently published on…
Introduction This post provides an overview of legal aspects of mediation in Uzbekistan. It will start with some brief historical background information and proceed to the analysis of the Law “On Mediation”, other relevant laws and amendments that were made to facilitate the use of mediation in Uzbekistan. Historical Background The use of various dispute…
