In September 2024, the National Council of Justice (CNJ) in Brazil approved Resolution No. 586, marking a significant step forward in labor conflict resolution. This development builds on the country’s ongoing efforts to modernize its labor laws, as I discussed back in 2018 when I highlighted the need for a more efficient, consensual approach to…
Making the ‘right’ decision can be one of the hardest parts of the mediation process. Once understanding of has been enhanced and options thoroughly explored – how best to choose a way forward? One of the great Enlightenment thinkers may be able to offer some help. Adam Smith is best known for ‘The Wealth of…
In recent months, Brazilian startups such as Hurb and 123 Milhas, two prominent players in the country’s tourism market, have encountered significant financial challenges. These companies offered highly attractive promotional travel packages at exceptionally low prices, creating a large customer base. However, when the financial pressures grew, both companies found themselves unable to fulfill some…
In a previous post, I explored how the Disney movie “Inside Out” cleverly illustrated the complexity of human emotions through the story of a young girl named Riley and her anthropomorphized feelings. Today, I want to analyze the newly released second part of the film, which follows Riley’s journey as she steps into adolescence. A…
Mediation has been universally praised as an effective tool in resolving family disputes and lowering the social and economic costs of separation and divorce. This is why many jurisdictions in the recent past have adopted various measures to encourage parties to a family breakdown to try mediation, including through mandating them into the procedure. A…
Efficient and robust dispute resolution mechanisms are imperative to promote foreign investments in a State; with Sri Lanka steadily recovering from an economic crisis, this is vital in creating an investor-friendly environment. Investor-State Mediation (ISM) is an Alternative Dispute Resolution (ADR) mechanism that provides host states and foreign investors with a high degree of autonomy,…
On April 25th, 2024, I had the privilege to speak at the V SIFRA Seminar on Innovations and Tools for Revenue Recovery and Alternative Revenues (SIFRA). The event, acronym for Fiscal Innovations Seminar, is a renowned gathering that brings together bright minds to discuss ideas, research, and innovative solutions, always with a focus on municipal…
Environmental, Social, and Governance (ESG) sustainability has become a global priority for corporations. As part of this movement, mediation emerges as a powerful tool to promote effective dispute resolution and to align with ESG principles. The G20 meeting recently held in Rio de Janeiro, my home city, highlights the urgency of addressing environmental and social…
Singapore is widely known as a leading centre on the map of international mediation. On 7 August 2019, a signing ceremony for the United Nations Convention on International Settlement Agreements Resulting from Mediation, nowadays commonly known as the Singapore Convention, was held there. On 23 February 2024, Singapore will host the 25th International Bar Association…
The Magic in Mediation This is a longer blog post than is normal but I will not be alone in describing Ken Cloke as one of the most influential figures in my life, both professionally and personally. Ken’s wisdom and humanity, expressed so well in his many books and seminars, have been hugely important to…
