Yesterday night, sitting in the theatre and looking at a very sophisticated balance-act of two chinese dancers, I thought of a mediation session this week. I saw myself balancing while walking a tightrope between the parties in the room looking for possibilities if and how this tightrope walking could change into a red carpet welcome…

Australia is passing legislation encouraging parties to most forms of civil disputes to take genuine steps to resolve their dispute prior to commencing litigation. The idea came from a report of NADRAC (National Alternative Dispute Resolution Advisory Council) of which I am the new Chair. NADRAC advises the Commonwealth Attorney-General and has been in existence…

1. Unlike the arbitral process where courts strive to distinguish between the concepts of a private process and a confidential process, the mediation process is indisputably and inherently confidential. But what happens if one party breaches this confidentiality during the mediation? In formal terms, can the act by one party in breach be treated as…

CNJ, the National Justice Council created on December 31st, 2004, and set up on June 14th, 2005 is an organization of the Brazilian Justice Department, with headquarters in the Federal District. It covers the whole national territory aiming at the coordination, administrative control and improvement of public services as far as Justice is concerned. Its…

The economic challenges facing society have finally hit the civil justice system. Courthouses have seen huge cutbacks, and San Francisco has all but shutdown civil jury trials. No one thought this was going to happen to such a venerable institution as the jury system, but in these difficult times, nothing is sacred. Reduced budgets translate…