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Book Review, Developing the Field, Economics, Framing, Future of mediation, Mediation and Society, Public Policy, Technology, Uncategorized

(Core Solutions Group)/ /3 Comments

Technology has been defined as the application of scientific knowledge to the practical aims of human life. More often than not we think of this as the application of knowledge from sciences such as physics, chemistry or biology to provide new ‘things’ which improve life. However, perhaps this is too narrow a perspective, which doesn’t…

Consumer conciliation, European Law, Online Dispute Resolution (ODR), Online Mediation, Reform, Regulation, Uncategorized

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The EU Online Dispute Resolution (ODR) Platform, once seen a future cornerstone of cross-border consumer protection in the European Union, has officially been discontinued. The platform will be finally closed by 20 July 2025, and since 20 March 2025 new complaints cannot be submitted any longer. This development marks a significant shift in the landscape…

Artificial Intelligene, Communication, Uncategorized

(Mediar360 - Dispute Resolution )/ /3 Comments

A recent study from Cornell University reignites the debate on how language impacts our interactions with AI—and each other. On April 18, 2025, an article published in O Globo – a major Brazilian newspaper prompted me to reflect. It reported on a recent study from Cornell University, revealing that the way we address artificial intelligence…

ADR, Costs in Mediation, Future of mediation, Growth of the Field (Challenges, New Sectors, etc.), Third Party Funding, Uncategorized

(Mediar360 - Dispute Resolution )/ /2 Comments

In a world where business disputes can drag on for years and generate exorbitant costs, mediation stands out as an efficient path to resolving conflicts more quickly and economically. However, when third-party litigation funding is involved, the dynamics shift significantly. The key question is: does litigation funding encourage mediation, or does it become an obstacle…

Commercial Mediation, India, International Mediation, Uncategorized

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I.     Background That India is a litigious country and that the courts have a backlog of a huge number of cases is a well-worn cliché. Against such a backdrop, the stage has been set for a mediation law for India which will aim to encourage parties to mediate and resolve disputes instead of stepping…

Bias, Brazil, Conflict, Decision making, Game Theory, Uncategorized

(Mediar360 - Dispute Resolution )/ /1 Comment

With the arrival of betting platforms and apps in Brazil, discussions about their impacts are on the rise. These games, which promise quick fun, and easy rewards, often trap players in a dangerous mental loop: the myth of the next move. It is the illusion that just one more round will recover all previous losses….

Business, Cooperation, Economics, Framing, Game Theory, Public Policy, Trade, Uncategorized

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My attention was drawn recently to a chart illustrating an article in the Financial Times, which showed higher levels of zero sum thinking among those whose early adult years corresponded to a slow-down in economic activity. The degree of zero sum thinking was on a scale of 0-100 where 100 = “Wealth can grow so…

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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…

Creativity, Decision making, Economics, Mediation and Society, Philosophy, The role of the mediator, Uncategorized

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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…

Brazil, Business, Creativity, Dispute Resolution, Efficiency, Mediation, Uncategorized

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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…