It has taken a lot of time and effort for the Ukrainian mediation community to enact the law on mediation (the “Law”). On 16 November 2021, the Ukrainian Parliament finally passed it. This development opens up a new chapter and further prospects for the growth of mediation practice in Ukraine. Congratulations to all my Ukrainian…
The Program on Negotiation at Harvard (PON) sends to subscribers a daily blogpost of interesting negotiation thoughts and analyses. It regularly visits the negotiation styles of world leaders with the idea that ‘by studying the negotiation styles of famous leaders, we can identify what to emulate and what to abandon’. Unsurprisingly it has shone a…
Readers of the Kluwer Mediation Blog may notice that the first batch of blog entries of Kluwer Mediation Blog (KMB) were posted by Michael Mcllwrath, Michael Leathes, Geoff Sharp, Ales Zalar with Eleanor Taylor writing a welcome note on behalf of Kluwer Law International and the Introductory Post from the Co-Editors (Introductory Post) by Bill Marsh…
As we approach the end of Rosh Hashanah celebration, I decided to write about a book I love and gives name to this post: “The Jewish Secret of Problem Solving” by Rabbi Nilton Bonder. In the meantime, to my surprise I was lucky to learn that Constança Madureira , one of my partners at Mediar360,…
Conducting mediation and arbitration meetings by remote means is not new to mediators, arbitrators, and practitioners. In the wake of the COVID-19 pandemic, in-person meetings have been replaced with video teleconference. Remote or virtual participation in mediation sessions, arbitration hearings, and even court trials become a new normal. Founded in 2018, eBRAM International Online Dispute…
Every now and again something happens to cause me to pause and think – or re-think. Recently, I had that experience at a small ruined castle in the heart of Scotland, near a lovely country town called Edzell. Edzell Castle, visited by, among others, Mary Queen of Scots and her son, King James VI of…
Law students are probably familiar with a diagram like the one above. It arranges different ways of resolving disputes according to how much say parties have in the outcome. Much as Felstiner and colleagues (1) famously described disputes being transformed into court cases through ‘naming, blaming and claiming,’ this graphic illustrates a parallel transformation in…
As the pandemic evolves in our days, similarly to a great majority of countries worldwide, we need urgent and inevitable shifts in behavioral patterns and cultural paradigms in Brazil as well. An average of 80 million cases reflects a traditional approach to judicialization of everyday life issues among Brazilians and a huge burden for our…
Good Faith is part of the Mediator’s mantra. Our opening addresses are full of it and it is something we regularly remind parties and their lawyers is an important element in rebuilding fractured relationships and achieving durable resolution. But sometimes it becomes obvious that Good Faith is missing in action. A very useful new article…
As a mediation trainer and practitioner for more than a decade, it is hearten to see that mediation has gained a prominent role in Hong Kong’s dispute resolution sector with growing popularity amongst practitioners and the public. Being part of this blooming mediation community and a member of the Steering Committee on Mediation chaired by…
