To what extent do we have control over our future? There is a lively debate among philosophers, neuroscientists and others (summarised in an article by Oliver Burkman) about the degree to which free will exists, or whether what happens to us is predetermined by what has gone before. Burkman concludes his article with the reminder that:…
“Humanity has outsmarted itself. With its ingenuity, this tribal ape has created a world its tribalism can’t manage. We know this…But the knowledge is not enough.” So began Martin Wolf in a recent article in the Financial Times following a meeting of the finance ministers of the G20 – one of the institutions created to improve…
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….
