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…
Mr. Jawad has been a mediator since 2007 and a passionate promoter of mediation in India from its earliest days. Jawad works as a mediator and trainer with the Mediation and Conciliation Project Committee of the Supreme Court of India and is a global faculty with ADR ODR International UK. He is a SIMI accredited…
Some time ago, in these pages, I proposed the World Mediators’ Alliance on Climate Change. Out of that initiative grew the Mediators’ Green Pledge. Out of that we hope to see a supportive corporate pledge and a conference at the time of COP26 in November. More on that later. This month, I’d like to float…
“It’s hard to beat Dark Side of the Moon” he said. “What a piece of music.” I agreed: “Did you ever see Pink Floyd play Dark Side live? I recall being at Earls Court in 1994.” “I was there too!” he exclaimed. For a moment or two, we reflected on the album’s seemingly relevant song…
Corona is managed under different circumstances around the world. These depend on resources and infrastructure, and also on political interpretations of the science and of the effects of spreading infection in society. There are also cultural factors that play a role here – concerning the political culture of a country and also the values that…
