On July 12, 2021 the UK Civil Justice Council published its Report on Compulsory ADR . It considered first whether parties to a civil dispute in England and Wales may be compelled to participate in an ADR process. As to this question, it will be recalled that, in the Court of Appeal decision in Halsey…
Less than you might think, according to Sir Geoffrey Vos, the newly-appointed Master of the Rolls. The Master of the Rolls is responsible for the administration of civil justice in England & Wales. Sir Geoffrey was sworn in to this post in January 2021. He has spoken several times since then about his vision for…
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…
In recent years we have learned a lot more about what have become known as cognitive biases and how they may play a part in negotiation and mediation. These are mental shortcuts that save energy and get us out of tight spots that have evolved over thousands of years. Well over a hundred have been…
ICC’s biggest educational event of the year, its International Mediation Competition, took place from 5 to 11 February 2021 and, for the first time of its history, it was conducted online. It was its 16th edition and 48 universities from 39 countries competed online, via a dedicated platform. It has been an opportunity for us,…
Given Peter Drucker’s memorable observation, how valuable an asset is trust in shaping a culture? What role could mediators play in strengthening it? From a purely economic perspective there appears to be a strong relationship between levels of trust and output per head (as the chart below from ‘Our World in Data’ demonstrates). As with…
In this interview, Dr. Frank Gerhards shares his experience in using mediation proceedings to successfully resolve an active ingredient patent dispute between two major crop protection companies. Dr. Frank Gerhards is a qualified German patent attorney and representative before the European Patent Office, employed with Bayer Intellectual Property (BIP) since 2006 and group leader since…
“The road to hell is paved with good intentions” was a saying I heard quite a few times while growing up, as another childhood wheeze bit the dust. I returned to it while reading Michal Sandel’s recent book ‘The Tyranny of Merit’, in which he takes a very critical look at the notion of meritocracy….
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…
Last week I was interviewed by the communications specialist whose role is to develop a communications strategy for Mediators Association of Georgia. By interviewing mediators, he wanted to get a feel and inspiration which would help him work out an efficient strategy of communication on mediation. One of the first questions he asked was something…
