On August 20, 1940, in Mexico City, Ramon Mercader drove and ice-axe into the skull of Leon Trotsky, ending the life of one of the most ruthless revolutionaries of the twentieth century. Mercader, it was discovered much later, acted on the orders of Joseph Stalin another of the century’s most ruthless leaders. The path that…
The Dilemma: At an initial private meeting with a lawyer and his lay client in a mediation, it became obvious to the mediator that he had previously mediated in a matter which was related to the present dispute, the outcome of which was not known to the present parties. In the mediator’s view, it had…
I was outside a city-centre store in the drizzle and dark two days ago, wondering whether my brain was made for better things than standing reflecting on waiting for my wife to emerge from a busy shop with another last-minute Christmas present. The human brain is a wondrous thing; we waste its powers in the…
In this blog I discuss the rise of ODR (online dispute resolution). I review recent developments including a live, online Brexit negotiation, which point to a mainstream future. I conclude that ODR will become an integral part of the justice system. When Frank Sander coined the term ‘Alternative Dispute Resolution’ his relatively modest proposal placed…
Julian Baggini’s recently published book “How the world thinks” is a history of global philosophy, looking at how thinking has developed in different places and times. In the introduction he highlights the importance of not just seeing something from another’s perspective, but trying to see what they are seeing as well. As he puts it:…
In October, we reported on a recent case from the Singapore High Court: Chan Gek Yong v Violet Netto. In that post, we examined the High Court’s attitude towards parties who have had a change of heart after agreeing to conclude a Mediated Settlement Agreement (‘MSA’) and wish to challenge its validity. Last month we…
Many of us are mourning the recent death of David Richbell, a UK-based mediator and mediation trainer widely known and loved around the world. I was lucky enough to count David as a close friend and colleague. We mediated together, delivered training together, cheered England at rugby together. And so I have had good cause…
This is the third post about the recent exciting event held at the European University Viadrina on the 7th of October – International “Mediation Moves” Conference (see the posts by Greg Bond and John Sturrock). I had a privilege to be one of the experts and contributors to the Conference. One of the workshops that…
At a recent excellent conference hosted by Professor Ulla Glaesser at Viadrina University in Frankfurt (Oder), one of the workshop sessions focussed on the extent to which mediators can or should disclose or express their views when engaged in politically-related mediation work – or more generally. What a fascinating conversation we had. It was no…
Hot off the press, the case of Chan Gek Yong v Violet Netto (practising as L F Violet Netto) and another and another matter [2018] SGHC 208 (‘Violet Netto’) decided by the Singapore High Court provides us with clues as to the Court’s general attitude towards mediation and mediated settlement agreements (‘MSAs’). It is useful…
